Supreme Court of India · 2010-08-06
Surendra Singh Chauhan vs Prabal Pratap Singh & Anr
- Court
- Supreme Court of India
- Petitioner
- Surendra Singh Chauhan
- Respondent
- Prabal Pratap Singh & Anr
- Bench
- C.K. Prasad, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court allowed the appeal, setting aside the High Court's order which quashed the trial court's cognizance on the grounds of lack of evidence. The Court found that the High Court's observations regarding the truth of the incident were unfounded, as they were based on a mere cognizance without substantive evidence. The case was remitted to the trial court, allowing the accused to raise all defenses during charge framing.