Supreme Court of India · 2001-08-28
Harijinder Kaur vs State Of Jharkhand & Anr
- Citation / case number
- AIR 2001 SUPREME COURT 3716
- Court
- Supreme Court of India
- Petitioner
- Harijinder Kaur
- Respondent
- State Of Jharkhand & Anr
- Author
- Shivaraj V. Patil
- Bench
- D.P. Mohapatra, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court addressed the legality of the discharge of accused under Section 313 IPC in a case involving allegations of abortion and dowry-related offenses under Sections 498-A IPC and the Dowry Prohibition Act, 1971. The Court held that the Magistrate erred in not considering the prima facie evidence for proceeding with the trial under Section 313 IPC, emphasizing the necessity of evaluating evidence for potential charges. The Court ultimately dismissed the petition challenging the High Court's order, affirming the lower court's decision to continue the trial without committing the case to Sessions Court.