Surender Kumar Vs. Customs - Court Judgment

Excerpt:

supreme court enlargement of criminal appellate jurisdiction act - section 2; indian penal code (ipc), 1860 - section 302, 304 part ii; code of criminal procedure (crpc), 1973 - section 209(a) - enlarged appellate jurisdiction of supreme court in regard to criminal matters -- on 10.08.1986, at about 3.00 p.m., there was a quarrel between laxmichand @ balbutya - the accused and gyaniram mahajan - the deceased, who was in drunken state, at the house of the accused. the appellant-accused asked gyaniram to go home but he was not acceding to his request. the accused brought gyaniram from his house on the road by lifting him but he fell down. the accused struck him with a spade on his head. the accused proceeded towards the house of one police patel. the accused was coming from the side of the house of police patel. by the time, the accused reached there alongwith spade, p.s.i. narkhede (pw-12) arrested him and seized the spade. aggrieved by the judgment of the high court, the appellant-accused has filed this appeal from jail through the superintendent, nagpur central prison, nagpur before this court. there was a quarrel between the accused and the deceased at the house of the accused...........petition under section 482 cr.p.c has been preferred by the petitioner for quashing of the complaint case no.153/199 dated 6th december 1999 under section 135(1) (b) of the customs act, 1962 on the ground that in the same complaint one k.l. gupta was also arrayed with him as an accused. adjudication proceedings in his case and k.l. gupta's case were initiated and vide order dated 2nd december 2005, the adjudicating authority exonerated him and k.l. gupta of the allegations made in the complaint. mr. k.l. gupta preferred a writ petition before this court for quashing the complaint against him on the basis of adjudication order and the writ petition of mr. k.l. gupta being crl. mc no.2638 of 2007 was allowed by this court vide order dated 14th may, 2008 and the complaint as against mr. k.l. gupta was quashed. 2. i have considered the order passed by this court in crl.m.c. no.2638 of 2007. the order of quashing complaint against mr. k.l. gupta was passed on the same ground as alleged by the petitioner. both mr. k.l. gupta and the petitioners were exonerated in the same adjudicating proceedings by the same authority. i, therefore, allow this petition and the complaint case.....

Judgment:

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2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

1. This petition under Section 482 Cr.P.C has been preferred by the petitioner for quashing of the complaint case no.153/199 dated 6th December 1999 under Section 135(1) (B) of the Customs Act, 1962 on the ground that in the same complaint one K.L. Gupta was also arrayed with him as an accused. Adjudication proceedings in his case and K.L. Gupta's case were initiated and vide order dated 2nd December 2005, the adjudicating authority exonerated him and K.L. Gupta of the allegations made in the complaint. Mr. K.L. Gupta preferred a writ petition before this Court for quashing the complaint against him on the basis of adjudication order and the writ petition of Mr. K.L. Gupta being Crl. MC No.2638 of 2007 was allowed by this Court vide order dated 14th May, 2008 and the complaint as against Mr. K.L. Gupta was quashed.

2. I have considered the order passed by this Court in Crl.M.C. No.2638 of 2007. The order of quashing complaint against Mr. K.L. Gupta was passed on the same ground as alleged by the petitioner. Both Mr. K.L. Gupta and the petitioners were exonerated in the same adjudicating proceedings by the same authority. I, therefore, allow this petition and the complaint case no.153/199 dated 6th December 1999 under Section 135(1) (B) of the Customs Act, 1962 is hereby quashed.