SUPREME COURT OF INDIA
Before: Abhay Manohar Sapre and Indu Malhotra, J.J.
Criminal Appeal No. 1541 of 2018 (Arising Our of S.L.P.(Crl.) No. 9401 of 2018). D/d. 3.12.2018
Omveer Singh – Appellants
Versus
State of Uttar Pradesh & Anr. – Respondents
For the Appellants : Rakesh Taneja, N. Rajaraman, Advocates
For the Respondent : – S.K. Verma, Advocate.
Constitution of India, 1950, Article 136 – Criminal Procedure Code 1973, Section 482 – Dismissal of Application for quashing – Legality – High Court has quoted principles of law laid down by Apex Court in several decisions relating to powers of High Court on issue of interference in cases filed under section 482 of Code – High Court, however, has not referred to facts of case to appreciate controversy of case – Judge ought to have first set out brief facts of case with view to understand factual matrix and then examine challenge made to proceedings in light of principles of law laid down -Matter remanded for fresh decision on application on merit.
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