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february 2008

Supreme Court of India · 2008-02-04

JAGTAMBA DEVI vs HEM RAM .

Citation / case number
SC 2007/445
Court
Supreme Court of India
Petitioner
JAGTAMBA DEVI
Respondent
HEM RAM .
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the dismissal of the revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, by the Himachal Pradesh High Court was improper as it failed to provide adequate reasoning. The Court emphasized that the learned Magistrate should not have discharged the accused after issuing summons, as this undermines the judicial process. The Court set aside the High Court's order and directed that the revision petition be reconsidered in accordance with the law.

JAGTAMBA DEVI vs HEM RAM . · Niyam