Supreme CourtDivision Bench(2004) 09 SC CK 0129

Laxminarayana and Others vs North East Securities Ltd. and Others

Supreme Court Of India · Decided on 14 September 2004 · Citation: (2006) 1 OLR 437 : (2004) 13 SCC 447

HON’BLE JUDGES
C. K. Thakker, J · Arijit Pasayat, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 390 of 1999

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Judgment

1 paragraphs · 177 words
1.

By the impugned judgment a prayer made in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short "Cr.PC") was rejected. On going through the orders of the High Court we find no infirmity in the conclusions arrived at. It is pointed out by the learned Counsel for the Appellants that in a connected matter the Court while considering whether charge is to be framed, discharged accused persons, the Appellants and that too in a case which involved same parties. Mere dismissal of the application u/s 482 Code of Criminal Procedure does not take away the right of an accused to place materials at the time when the question of framing charge is taken up to show that the materials do not justify framing of charge. It shall be open to the Appellants to place such materials as are legally permissible to be placed before a Court when the question of framing charge is taken up by the Court concerned. We express no opinion upon that aspect. The appeal is accordingly disposed of.