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october 1957

Supreme Court of India · 1957-10-08

RAMGOPAL GANPATRAI RUIA & ANOTHER vs THE STATE OF BOMBAY

Citation / case number
SC 1954/90272
Court
Supreme Court of India
Petitioner
RAMGOPAL GANPATRAI RUIA & ANOTHER
Respondent
THE STATE OF BOMBAY
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that the High Court has the power under Section 439 of the Code of Criminal Procedure to revise a discharge order made by a Presidency Magistrate and direct the committal of the accused to the Court of Session. The Court clarified that 'sufficient grounds' in Sections 209, 210, and 213 do not refer to conviction but to the evidence needed to put the accused on trial. The High Court's decision to set aside the discharge order was affirmed, as the evidence presented made out a prima facie case against the accused under Sections 409 and 409 read with Section 109 IPC, and the delay in trial was attributed to the appellants themselves.

RAMGOPAL GANPATRAI RUIA & ANOTHER vs THE STATE OF BOMBAY · Niyam