Supreme Court · 1972 INSC 309 · Decided 22 December 1972

Amar Chand Agarwalla v. Shanti Bose and Another ETC.

Court
Supreme Court of India
Citation
1972 INSC 309 · [1973] 3 S.C.R. 179
Case number
CRIMINAL APPEAL No. 101/1970
Decided
22 December 1972
Bench
C.A. VAIDYIALINGAM, I.D. DUA, A. ALAGIRISWAMI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 409, 120B; CrPC Section 156(3)

Headnote

Code of Criminal Procedure (Act 5 of 1898), ss. 439 and 561A­ Power of High Court to quash charges and proceeding!-Scope of. As a result of a judicial enquiry in relation to a complaint by the appellant against the four respondents, summons were issued to tho respondents, aind before the by the complainant (appellant) in the presence of the accused (respondents). On a consideration of those materials, the Magistrate framed charges against all the four accused under ss. 120 B/409 I.P.C. and under s. 409, against accused I to 3, ~ September 1968. Thereafter, the trial

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