SUPREME COURT OF INDIA
Before: Abhay Manohar Sapre and Indu Malhotra, J.J.
Criminal Appeal No. 1543 of 2018 (Arising Our of S.L.P.(Crl.) No. 9650of 2018). D/d. 3.12.2018
Sangeeta Agrawal & Ors. – Appellants
Versus
State of Uttar Pradesh & Anr. – Respondents
For the Appellants : Prashant Chaudhry, Advocate
A. Contitution 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 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.
B. Constitution of India, 1950, Article 136 – Criminal Procedure Code, 1973, Section 482 – Factual Matrix of the case – Requirement of recording – Setting out facts of case is required in every order to support conclusion reached for disposal of case – It enables Higher Court to examine question as to whether reasoning given by Court below is factually and legally sustainable.
Case referred : State v. Arvind, Case No. 2767 of 2018 arising out of case Crime No. 79 of 2018.
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