Supreme Court of India · 2009-04-28
Tutul Kumari Sen vs State Of Jharkhand & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 2547
- Court
- Supreme Court of India
- Petitioner
- Tutul Kumari Sen
- Respondent
- State Of Jharkhand & Anr
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Jharkhand High Court erred in discharging the respondent under Section 227 of the Code of Criminal Procedure, 1973, without providing adequate reasoning. The Court emphasized that the High Court's conclusion that no offence was disclosed in the FIR was unsubstantiated and lacked clarity, rendering the judgment unsustainable. The Court reinstated the trial court's order, affirming that the case should proceed based on the allegations under Sections 376 and 493 IPC.