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october 1972

Supreme Court of India · 1972-10-13

RAMESHCHANDRA J, THAKKAR vs A. P. JHAVERI & ANR.

Citation / case number
SC 1972/60349
Court
Supreme Court of India
Petitioner
RAMESHCHANDRA J, THAKKAR
Respondent
A. P. JHAVERI & ANR.
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that the acquittal of the appellant under Section 420 IPC and Section 13 of the Maharashtra Ownership of Flats Act, 1963, was invalid as the offence under Section 13 was not compoundable. The Court ruled that an acquittal based on invalid compounding is liable to be set aside, affirming the High Court's decision to reverse the acquittal. The Court clarified that the High Court's suo motu action in setting aside the acquittal was procedurally sound, as it acted within its revision powers under the Code of Criminal Procedure, 1898, Section 439.

RAMESHCHANDRA J, THAKKAR vs A. P. JHAVERI & ANR. · Niyam