Supreme Court of India · 1996-05-01
SWARNALATA SARKAR vs STATE OF W.B.
- Citation / case number
- SC 1995/3463
- Court
- Supreme Court of India
- Petitioner
- SWARNALATA SARKAR
- Respondent
- STATE OF W.B.
- Author
- Punchhi
- Bench
- M.M. PUNCHHI
Judgment text excerpt
The Supreme Court held that the High Court's quashing of the criminal complaint under Section 494 IPC was erroneous, as the appellant had established a prima facie case of bigamy against the second respondent. The Court emphasized that the marriage date discrepancy raised by the defense did not negate the validity of the complaint. The Court reinstated the proceedings, asserting that the trial must continue to determine the merits of the case under Section 494 IPC and Section 109 IPC.