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.