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.