Supreme Court of India · 2010-08-06
SURENDRA SINGH CHAUHAN vs PRABAL PRATAP SINGH
- Citation / case number
- SC 2009/21496
- Court
- Supreme Court of India
- Petitioner
- SURENDRA SINGH CHAUHAN
- Respondent
- PRABAL PRATAP SINGH
- Author
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
- Bench
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Judgment text excerpt
The Supreme Court found that the High Court's dismissal of the complaint was unjustified as it lacked evidentiary support, leading to a quashing of the trial court's cognizance. The Court noted contradictions in the proceedings, particularly regarding the revival of the complaint after a prior dismissal. Consequently, the appeal was allowed, the High Court's order dated 23rd April 2009 was set aside, and the case was remitted to the trial court for further proceedings, allowing the accused to raise all defenses during charge framing.