Supreme Court of India · 2001-12-11
Kari Choudhary vs Most. Sita Devi And Ors.
- Citation / case number
- AIR 2002 SUPREME COURT 441
- Court
- Supreme Court of India
- Petitioner
- Kari Choudhary
- Respondent
- Most. Sita Devi And Ors.
- Bench
- K.T. Thomas, S.N. Phukan
Judgment text excerpt
The Supreme Court held that the High Court's quashing of criminal proceedings against Sita Devi under Section 302 read with Section 34 IPC was erroneous, as it was based on the premise of double jeopardy without proper trial. The Court emphasized that the earlier police report indicating false allegations did not preclude the prosecution of Sita Devi and others for murder. The Court reinstated the charges, affirming that the High Court's decision undermined the judicial process by absolving the accused without a trial.