Supreme Court · 2019 INSC 531 · Decided 15 April 2019
MD. Allauddin Khan v. The State of Bihar & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 531 · [2019] 5 S.C.R. 876
- Case number
- CRIMINAL APPEAL No. 675/2019
- Decided
- 15 April 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; CrPC Section 482
Headnote
Code of Criminal Procedure, 1973: s. 482 - Complaint u/ss. 327 And 379 r/w s. 34 IPC - Taken cognizance of, by the Judicial Magistrate - In petition u/s. 482, High Court quashed the complaint holding that prima facie case was not made out in view of pending the parties and that the statements of witnesses were contradictory - On appeal, held: In order to see whether prima facie case is made out against the accused for taking cognizance, the Court is only required to see the allegations in the complaint - Such ascertainment cannot be done
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