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september 1959

Supreme Court of India · 1959-09-14

CHHADAMI LAL JAIN AND OTHERS vs THE STATE OF UTTAR PRADESH ANDANOTHER

Citation / case number
SC 1957/60077
Court
Supreme Court of India
Petitioner
CHHADAMI LAL JAIN AND OTHERS
Respondent
THE STATE OF UTTAR PRADESH ANDANOTHER
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the commitment order was illegal as the Magistrate failed to comply with the provisions of Section 208 of the Code of Criminal Procedure, 1898. The Court emphasized that when a case begins as a warrant case and is later committed to the Sessions Court, the Magistrate must inform the accused of his intention to commit and allow them to produce defense evidence. The failure to do so deprived the accused of their rights and resulted in a denial of justice, necessitating the quashing of the commitment order.

CHHADAMI LAL JAIN AND OTHERS vs THE STATE OF UTTAR PRADESH ANDANOTHER · Niyam