Supreme Court · 2009 INSC 862 · Decided 6 July 2009
Shakson Belthissor v. State of Kerala & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 862 · [2009] 9 S.C.R. 1187
- Case number
- CRIMINAL APPEAL No. 249/2004
- Decided
- 6 July 2009
- Bench
- MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 498A; CrPC Section 482
Headnote
Code of Criminal Procedure, 1973 - s.482 - Petition under- Quashing of- FIR and charge sheet against husband c alleging commission of offence u/s. 498A /PC - Application uls.482 - Dismissal of, by High Court - Held: Not correct - No ingredient of s.498A /PC in FIR or charge sheet to prima facie as defined uls. 498A - Neither explanation (a) or (b) of s. 498A attracted - Thus, FIR D and charge sheet against husband qua__shed - Order of High Court aside - Penal Code, 1860 - s.498A. The question which arose for consideration in this appeal was whether High Court was justified in
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