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.