Supreme Court · 2018 INSC 814 · Decided 13 September 2018
Abdul Wahab K. v. State of Kerala and Others
- Court
- Supreme Court of India
- Citation
- 2018 INSC 814 · [2018] 11 S.C.R. 155
- Case number
- CRIMINAL APPEAL No. 1047/2018
- Decided
- 13 September 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 195A, 506; CrPC Section 321
Headnote
v. STATE OF KERALA AND OTHERS (Criminal Appeal No. 1047 of 2018) SEPTEMBER 13, 2018 [DIPAK MISRA, CJI, AND DR. D.Y. CHANDRACHUD, J.] Code of Criminal Procedure, 1973: s. 321 - Withdrawal of prosecution - Prosecution u/ss. 195A and 506 IPC - Application by Public Prosecutor for had no locus to file the same - On appeal, held: Chief Judicial Magistrate passed the order not within the parameters of s. 321 - Petitioners could not have been treated as strangers, and the petition was of serious nature - High Court should have applied its mind with
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)