Supreme Court · 2008 INSC 280 · Decided 3 March 2008

Reshma Bano v. State of Uttar Pradesh & ORS.

Court
Supreme Court of India
Citation
2008 INSC 280 · [2008] 3 S.C.R. 778
Case number
CRIMINAL APPEAL No. 425/2008
Decided
3 March 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM (3-judge bench)
Outcome
Case Allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482, 226; Constitution Article 226

Headnote

-""" ~ Code of Criminal Procedure, 1973: s.482 - Offence of c kidnapping - Criminal proceedings based on FIR - Quashing of, sought by appellant on the ground that she was sister of accused - Held: The FIR only stated that questioning from appellant would be advantageous and did of any offence - Rather it put appellant in position D of witness - No material or a/legation of overt act on her part made out - Proceedings relatable to FIR liable to be quashed , .~ as no prima facie case made out. In this appeal, the appellant has challehged the judgment of High Court

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