Supreme Court of India · 2009-05-08
Chittaranjan Mirdha vs Dulal Ghosh & Anr
- Citation / case number
- 2009 AIR SCW 3873
- Court
- Supreme Court of India
- Petitioner
- Chittaranjan Mirdha
- Respondent
- Dulal Ghosh & Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the decision of the Calcutta High Court to quash the cognizance taken under Section 302 IPC, Section 34 IPC, and Section 120B IPC, along with Sections 25 and 27 of the Arms Act, 1959. The Court emphasized that the police must conduct a thorough investigation before charges are filed, and the absence of named accused in the chargesheet raises significant concerns regarding the integrity of the investigation. The Court ruled that the High Court's intervention was justified to ensure a fair trial and proper legal process.