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march 1961

Supreme Court of India · 1961-03-08

THE STATE OF ANDHRA PRADESH vs KANDIMALLA SUBBAIAH AND ANOTHER

Citation / case number
SC 1960/56
Court
Supreme Court of India
Petitioner
THE STATE OF ANDHRA PRADESH
Respondent
KANDIMALLA SUBBAIAH AND ANOTHER
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that under Section 239 of the Code of Criminal Procedure, several persons can be jointly tried for offenses committed in the same transaction, despite the limitations of Sections 234, 235, and 239. The Court clarified that conspiracy under Section 120B IPC is distinct from abetment under Section 109 IPC, allowing for separate charges. The introduction of multiple charges over a long period is a matter of judicial discretion, and a Special Judge appointed under the Criminal Law Amendment Act has jurisdiction to try offenses under the Prevention of Corruption Act.

THE STATE OF ANDHRA PRADESH vs KANDIMALLA SUBBAIAH AND ANOTHER · Niyam