Supreme Court of India · 2010-01-18
BEZAWADA BAR ASSN.TR.PRESIDENT vs SOUMYA MISRA .
- Citation / case number
- SC 2007/23776
- Court
- Supreme Court of India
- Petitioner
- BEZAWADA BAR ASSN.TR.PRESIDENT
- Respondent
- SOUMYA MISRA .
Judgment text excerpt
The Supreme Court quashed the High Court's order, stating that the findings made lacked evidentiary support and were akin to a trial's conclusion. The Court emphasized that the High Court improperly assessed motives and failed to consider the requirement of sanction under Section 197 of the Criminal Procedure Code (Cr.P.C.) for prosecution. Consequently, the appeal was allowed, and the High Court's decision was set aside, establishing that judicial findings must be based on evidence.