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january 1996

Supreme Court of India · 1996-01-04

ONKAR NAMDEO JADHAO vs SECOND ADDI.SESSIONS JUDGE BULDANA &ANR

Citation / case number
SC 1996/62272
Court
Supreme Court of India
Petitioner
ONKAR NAMDEO JADHAO
Respondent
SECOND ADDI.SESSIONS JUDGE BULDANA &ANR
Author
S.C. AGRAWAL
Bench
S.C. AGRAWAL

Judgment text excerpt

The Supreme Court quashed the notice issued under Section 340 of the Cr.P.C. for prosecution under Sections 194 and 195 IPC, holding that the Additional Sessions Judge overstepped his jurisdiction by concluding that the police fabricated evidence based solely on 161 statements, which are not admissible as evidence. The Court emphasized that conclusions should not be drawn without proper evidence being recorded and that the High Court failed to adequately consider the matter. Consequently, the appeal was allowed, and the order of the Sessions Judge was set aside.

ONKAR NAMDEO JADHAO vs SECOND ADDI.SESSIONS JUDGE BULDANA &ANR · Niyam