Supreme Court · 2008 INSC 1126 · Decided 3 October 2008
Sanghi Brothers (Indore) PVT. LTD. v. Sanjay Choudhary and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1126 · [2008] 14 S.C.R. 206
- Case number
- CRIMINAL APPEAL No. 1578/2008
- Decided
- 3 October 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 406, 34; CrPC
Headnote
~ Code of Criminal Procedure, 1 Q73 - ss. 227, 228, 239, I c 240 & 245 - Charges of cheating and breach of trust framed ~- by Trial Court - Quashed by High Court after formulating an opinion about the prospect of conviction - Propriety of - Held: Not proper - of charges, Court is required to consider whether material brought on record could D reasonably connect the accused with the trial - Nothing more is required to be inquired into - Test of prima facie case is to be applied - At that stage, there is no necessity of formulating ))._,- opinion about
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