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may 1960

Supreme Court of India · 1960-05-06

VADILAL PANCHAL vs DATTATRAYA DULAJI GHADIGAONKER AND ANOTHER.

Citation / case number
SC 1958/6
Court
Supreme Court of India
Petitioner
VADILAL PANCHAL
Respondent
DATTATRAYA DULAJI GHADIGAONKER AND ANOTHER.
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court held that under Section 203 of the Code of Criminal Procedure, 1898, a Magistrate must base his judgment on the statements of the complainant and witnesses, along with the results of the investigation. The Court found that the Magistrate's dismissal of the complaint, which upheld the plea of self-defence based solely on the police report, was improper. The High Court's order to issue process against the appellant was upheld, emphasizing that the plea of self-defence cannot be established merely by police reports without proper evidence as per Section 105 of the Indian Evidence Act, 1872.

VADILAL PANCHAL vs DATTATRAYA DULAJI GHADIGAONKER AND ANOTHER. · Niyam