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march 1978

Supreme Court of India · 1978-03-08

S. P. E. MADRAS vs K.V.SUNDARAVELU

Citation / case number
SC 1976/60865
Court
Supreme Court of India
Petitioner
S. P. E. MADRAS
Respondent
K.V.SUNDARAVELU
Author
P.N. SHINGAL
Bench
P.N. SHINGAL

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the proceedings in Sessions Case No. 2 of 1970 under Section 215 of the Criminal Procedure Code, 1898, as the trial had not commenced and the evidence in both cases was not similar. The Court clarified that an acquittal in one case does not preclude prosecution in another case, and the High Court's assessment that the charges were unlikely to stand trial was not a valid legal point under Section 215. The Court emphasized the irrelevance of the previous judgment in Sessions Case No. 34 of 1968 under Sections 40 to 44 of the Evidence Act, leading to the conclusion that the High Court's decision was flawed.

S. P. E. MADRAS vs K.V.SUNDARAVELU · Niyam