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december 1976

Supreme Court of India · 1976-12-08

STATE OF KARNATAKA vs K.H. ANNEGOWDA & ANR.

Citation / case number
SC 1975/60427
Court
Supreme Court of India
Petitioner
STATE OF KARNATAKA
Respondent
K.H. ANNEGOWDA & ANR.
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court held that under Section 494 of the Code of Criminal Procedure, 1973, when a Sessions Court allows the prosecution to withdraw after a charge has been framed, it results in the acquittal of the accused. The Court affirmed the High Court's decision that the respondents were acquitted and thus protected from retrial under Section 300 of the Code. The judgment clarified the application of the old and new Codes, emphasizing that the withdrawal led to an acquittal, not merely a discharge.

STATE OF KARNATAKA vs K.H. ANNEGOWDA & ANR. · Niyam