Supreme Court · 2013 INSC 767 · Decided 21 November 2013
B. Chandrika v. Santhosh & Anr
- Court
- Supreme Court of India
- Citation
- 2013 INSC 767 · [2013] 12 S.C.R. 588
- Case number
- CRIMINAL APPEAL No. 1969/2013
- Decided
- 21 November 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 34; CrPC; Hindu Marriage Act Section 13(1)(a)
Headnote
Penal Code, 1860 - s.420 r/w s.34 - Case initiated by Magistrate on a protest complaint filed by first respondent - C Two accused; A-1 and A-2 - A-2 is divorced wife of A-1 - Summons issued against A-2 - Challenge to - Held: The statement of the complainant clearly indicates that money was that during the period when money was entrusted to A-1, he D was separated from A-2 - No reason to prosecute A-2 considering the fact that she had no role, even according to the complainant - Magistrate did not consider this Vital aspect when the protest petition was considered by him - The
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