Supreme Court · 1965 INSC 138 · Decided 20 July 1965

Matukdhari Singh and Others v. Janardan Prasad

Court
Supreme Court of India
Citation
1965 INSC 138 · [1966] 1 S.C.R. 255
Case number
CRIMINAL APPEAL No. 26/1965
Decided
20 July 1965
Bench
A.K. SARKAR, M. HIDAYATULLAH, V. RAMASWAMI (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 420, 468, 406, 465, 471, 467; CrPC Section 417, 423, 423(1)

Headnote

Code of Criminal Procedure, ss. 417, 423-Maglstrate acquitting accused of charges in respect of which he had jurisdiction-Ignoring evidence of charges in respect of which he had no jurisdiction-High Court setting aside acquittal and ordering retrial-Legality of High Court's order. The appellants respondent before an Honorary Magistrate for offences under ss. 420, 468, 406 and 465/ 471 Indian Penal Code and acquitted. The Magistrate rejected the complainant's request to frame a charge under s. 467 Indian Penal Code, and commmit the accused to the Court of Sessions. The complainant appealed

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