Supreme Court · 2019 INSC 874 · Decided 7 August 2019
Amir Hamza Shaikh & ORS. v. State of Maharashtra & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 874 · [2019] 11 S.C.R. 597
- Case number
- CRIMINAL APPEAL No. 1217/2019
- Decided
- 7 August 2019
- Bench
- L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; CrPC Section 301, 302
Headnote
Code of Criminal Procedure, 1973 - ss.301, 302 - Permission to conduct prosecution - Respondent sought permission to prosecute in terms of s.302 Cr.P.C. for offences punishable u/ss. 498A, 406 r/w. 34 of IPC - Trial court declined the permission - However, the High On appeal, held: Though the Magistrate is not bound to grant permission at the mere asking but the victim has a right to assist the Court in a trial before the Magistrate - The Magistrate may consider as to whether the victim is in a position to assist the Court and as to whether the trial
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)