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Supreme Court of India 2021-05-07 remanded

Sanjay Kumar Rai vs State of Uttar Pradesh & Anr

Bench: 2 — Surya Kant, Aniruddha Bose

In Brief

A journalist filed a complaint alleging that a gas agency partner threatened him with death in response to his investigative inquiries. The Chief Judicial Magistrate rejected the accused's discharge application, and the High Court dismissed his revision petition on jurisdictional grounds alone. The Supreme Court held that while the High Court's revisional jurisdiction should be exercised sparingly, it encompasses not merely jurisdictional errors but also preventing abuse of process. The Court remanded the case, directing the High Court to examine whether the investigation was fair, whether witness statements were properly obtained, and whether continuation of proceedings would constitute harassment of the accused.

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Criminal Procedure Discharge Application Abuse of Process Investigative Fairness High Court Jurisdiction

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