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july 1965

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.

MATUKDHARI SINGH AND OTHERS vs JANARDAN PRASAD · Niyam