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december 1972

Supreme Court of India · 1972-12-22

AMAR CHAND AGARWALLA vs SHANTI BOSE AND ANOTHER ETC.

Citation / case number
SC 1970/60259
Court
Supreme Court of India
Petitioner
AMAR CHAND AGARWALLA
Respondent
SHANTI BOSE AND ANOTHER ETC.
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing charges against the accused under Sections 120B and 409 IPC, as the accused did not approach the High Court at the earliest opportunity after charges were framed. The Court emphasized that issues of suppression of material facts and the establishment of offences should be determined by the trial court, not the High Court at this stage. The judgment reinforced the principle that the High Court's inherent jurisdiction under Section 561A of the CrPC should not be exercised in cases where the trial is ongoing and evidence is yet to be fully examined.

AMAR CHAND AGARWALLA vs SHANTI BOSE AND ANOTHER ETC. · Niyam