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april 2009

Supreme Court of India · 2009-04-28

TUTUL KUMARI SEN vs STATE OF JHARKHAND

Citation / case number
SC 2002/63326
Court
Supreme Court of India
Petitioner
TUTUL KUMARI SEN
Respondent
STATE OF JHARKHAND
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Jharkhand High Court erred in discharging the accused under Section 227 of the Code of Criminal Procedure, 1973, without providing adequate reasoning for its conclusion that no offence was disclosed in the FIR. The Court emphasized the necessity of providing reasons in judicial orders to ensure clarity and accountability. Consequently, the Supreme Court set aside the High Court's order and reinstated the trial court's decision to proceed with the case under Sections 493 and 376 IPC, affirming the importance of a reasoned judgment in the judicial process.

TUTUL KUMARI SEN vs STATE OF JHARKHAND · Niyam