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september 2010

Supreme Court of India · 2010-09-14

RAMA DEVI vs STATE OF BIHAR .

Citation / case number
SC 2007/8241
Court
Supreme Court of India
Petitioner
RAMA DEVI
Respondent
STATE OF BIHAR .
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,A.K. PATNAIK, , ,

Judgment text excerpt

The Supreme Court held that the Patna High Court erred in dismissing the Appellant's petition under Section 482 Cr.P.C. for quashing the cognizance taken by the Magistrate in Complaint Case No.3714C of 2005. The Court found that the basis for the Magistrate's cognizance was flawed, as the Appellant was not an attesting witness to the earlier sale deeds, and thus did not have knowledge of any prior encumbrances. Consequently, the Court quashed the proceedings against the Appellant, establishing that erroneous appreciation of evidence can lead to wrongful cognizance under the IPC.

RAMA DEVI vs STATE OF BIHAR . · Niyam