Supreme Court of India · 1965-07-20
MATUKDHARI SINGH AND OTHERS vs JANARDAN PRASAD
- Citation / case number
- SC 1965/91
- Court
- Supreme Court of India
- Petitioner
- MATUKDHARI SINGH AND OTHERS
- Respondent
- JANARDAN PRASAD
- Bench
- HIDAYATULLAH
Judgment text excerpt
The Supreme Court held that the High Court had the jurisdiction to set aside the acquittal of the appellants and order a retrial under Section 423 of the Code of Criminal Procedure. The Court found that the Magistrate failed to frame a charge under Section 467 IPC, which was a serious offence disclosed by the evidence, and thus, the acquittal was improper. The Court upheld the High Court's decision, emphasizing that a Magistrate cannot ignore serious charges that oust his jurisdiction.