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.