Supreme Court of India · 2008-03-03
RESHMA BANO vs STATE OF U.P..
- Citation / case number
- SC 2007/34716
- Court
- Supreme Court of India
- Petitioner
- RESHMA BANO
- Respondent
- STATE OF U.P..
- Author
- ARIJIT PASAYAT
- Bench
- DR. ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appellant's application under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution, as the FIR did not disclose any offence against the appellant. The Court emphasized that the mere mention of the appellant in the FIR as a potential witness does not constitute an allegation of an overt act or a cognizable offence. The appeal was allowed, quashing the proceedings against the appellant due to lack of material evidence.