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march 2008

Supreme Court of India · 2008-03-03

Reshma Bano vs State Of Uttar Pradesh & Ors

Citation / case number
AIR 2008 SC (SUPP) 341
Court
Supreme Court of India
Petitioner
Reshma Bano
Respondent
State Of Uttar Pradesh & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam, Aftab Alam

Judgment text excerpt

The Supreme Court held that the dismissal of the appellant's application under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution was erroneous, as the FIR did not disclose any offence against the appellant. The Court emphasized that the mere mention of the appellant in the FIR did not indicate any overt act or commission of an offence, thus warranting quashing of the proceedings against her. The judgment reinforced the principles for exercising inherent powers under Section 482, particularly when allegations do not constitute a cognizable offence.

Reshma Bano vs State Of Uttar Pradesh & Ors · Niyam