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january 2010

Supreme Court of India · 2010-01-28

POONAM CHAND JAIN vs FAZRU

Citation / case number
SC 2009/7306
Court
Supreme Court of India
Petitioner
POONAM CHAND JAIN
Respondent
FAZRU
Author
GANGULY

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the revision petition of the respondent without proper appreciation of the facts and legal position, particularly regarding the dismissal of the complaint under Sections 420, 120B, and 426 IPC by the Judicial Magistrate. The Court emphasized that the respondent's repeated complaints on the same facts constituted an abuse of process, leading to a grave failure of justice. Consequently, the appeal was allowed, and the High Court's order was set aside, reaffirming the Magistrate's dismissal of the complaint.

POONAM CHAND JAIN vs FAZRU · Niyam