Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 07 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-01-03 allowed

Alka Bapu Gund vs Prakash Kanhaiyalal Kankaria and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court considered an appeal challenging a High Court order that had quashed the process issued against accused respondents in a case arising from a private complaint filed by the widow of a deceased person. Although the Investigating Agency had submitted a final report indicating insufficient evidence, the widow filed a private complaint, examined seven witnesses, and process was issued. The High Court quashed this process. The Supreme Court held that the High Court exceeded its jurisdiction by conducting a virtual trial of the case at the cognizance stage, which was beyond the proper scope of Section 482 Cr.P.C./Article 227 powers. The appeal was allowed and the case remitted to the High Court for continuation of proceedings from where they were stayed.

The lawyer headnote and full judgment text are available to registered users.

Criminal Procedure Jurisdiction of High Court Cognizance Private Complaint Section 482 Cr.P.C.

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login