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august 2001

Supreme Court of India · 2001-08-28

HARIJINDER KAUR vs STATE OF JHARKHAND & ANR.

Citation / case number
SC 2001/60226
Court
Supreme Court of India
Petitioner
HARIJINDER KAUR
Respondent
STATE OF JHARKHAND & ANR.
Bench
D.P. MOHAPATRA & SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court examined the legality of the Patna High Court's order regarding the discharge of accused under Section 313 IPC in a dowry-related case. The Court held that the Magistrate erred in not committing the case to the Sessions Court despite evidence suggesting a prima facie case under Section 313 IPC. The Court emphasized that the High Court's earlier observations did not preclude the possibility of committing the case if warranted by the evidence, thereby allowing the petitioner to seek a trial under the relevant sections of the IPC and the Dowry Prohibition Act, 1971.

HARIJINDER KAUR vs STATE OF JHARKHAND & ANR. · Niyam