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september 1959

Supreme Court of India · 1959-09-15

ABDUL REHMAN MAHOMED YUSUF vs MAHOMED HAJI AHMAD AGBOTWALAAND ANOTHER

Citation / case number
SC 1956/166
Court
Supreme Court of India
Petitioner
ABDUL REHMAN MAHOMED YUSUF
Respondent
MAHOMED HAJI AHMAD AGBOTWALAAND ANOTHER
Author
SYED JAFFER IMAM
Bench
SYED JAFFER IMAM

Judgment text excerpt

The Supreme Court held that under Section 198 of the Code of Criminal Procedure, 1898, a separate complaint is mandatory for distinct offences, even if they are of the same kind. The Court found that the facts necessary to support the charge under Section 500 IPC were not included in the original complaint, rendering the acquittal of the respondent a nullity. Consequently, the Court ordered a discharge of the respondent, emphasizing the necessity of adhering to procedural requirements in criminal complaints.

ABDUL REHMAN MAHOMED YUSUF vs MAHOMED HAJI AHMAD AGBOTWALAAND ANOTHER · Niyam