Supreme Court · 2005 INSC 299 · Decided 19 July 2005

Sushil Kumar Sharma v. Union of India and ORS.

Court
Supreme Court of India
Citation
2005 INSC 299 · [2005] SUPP. 1 S.C.R. 730
Case number
WRIT PETITION (CIVIL) No. 141/2005
Decided
19 July 2005
Bench
ARIJIT PASAYAT, H.K. SEMA (2-judge bench)
Outcome
Disposed off
Case type
Writ / Constitutional
Acts & sections cited
IPC Section 498, 498A, 113; Evidence Act; Constitution Article 32

Headnote

KUMAR SHARMA v. UNION OF INDIA AND ORS. JULY 19,2005 [ARIJITPASAYAT AND H.K. SEMA,JJ.] Penal Code-Section 498-A-Constitutional validity of--Held: ls constitutionally valid and cannot be struck down on the ground of misuse. C Legislation-Striking down of-Scope-Held: Possibility of abuse of a petitioner in this writ petition is that innocent persons are being victimized by unscrupulous persons making false .accusations under Section 498-A IPC hence the said provision be declared unconstitutional and ultra vires or in the alternative to formulate guidelines. E Disposing of the writ

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