Article 226 and sec 482 of crpc
m.v.prabhakar
(Querist) 24 January 2012
This query is : Resolved
Dear Experts
Pl. guide me on
Is the Guideline mentioned in the SC judgement "State of Haryana And Ors Vs Bhajan Lal And Ors" on 21st November 1990 on exercising the extra ordinary powers under Article 226 or the inherent powers u/s 482 of CrPC is still holds good.
Is there any subsequent judgements either fine tuning the guidelines further or negating the said judgement. If pl. provide the citations.
In addition to the above, kindly clarify is the conspiracy on murder should be distinguished from economic offence. Why the conspiracy citation of murder case is used for economic offence also, mostly for rejecting the plea of the accused. In my opinion both are different.
Regards
prabhakar
Devajyoti Barman
(Expert) 24 January 2012
You can check this for further discussion on this point.
PETITIONER:
M/S. PEPSI FOODS LTD. & ANR.
Vs.
RESPONDENT:
SPECIAL JUDICIAL MAGISTRATE & ORS.
DATE OF JUDGMENT: 04/11/1997
Shonee Kapoor
(Expert) 26 January 2012
It has been quoted and adhered to in many subsequent judgements.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 26 January 2012
AGREED WITH MR. BARMAN
m.v.prabhakar
(Querist) 26 January 2012
Thanks to all experts and their endorsement.
I had gone through the judgment M/S. PEPSI FOODS LTD. & ANR.Vs.RESPONDENT as advised by Mr. Devajyoti Barman.
The reference made by the applicant M/s Pepsi and Anr on State of Haryana Vs chaudhary Bhajan Lal and others was not considered by BHC. Further Approach on both the magistrate and HC was not appreciated by SC. By allowing the appeal, it had set aside the HC order and quashed the compliant and proceeding against the applicants.
I am looking for some judgments most apt to economic offence.
The conspiracy theory in the murder case is different for the economic offence. By citing some irrelevant case laws on murder judge is trying to link that conspiracy with economic offence conspiracy. Why it not distinguished.
Is it necessary to have big name lawyers or their face value works in addition to the merit of the case.
Kindly respond.
prabhakar
