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march 2012

Supreme Court of India · 2012-03-23

Ushaben vs Kishorbhai Chunilal Talpada & Ors

Court
Supreme Court of India
Petitioner
Ushaben
Respondent
Kishorbhai Chunilal Talpada & Ors
Bench
Ranjana Prakash Desai, Aftab Alam

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the complaint under Section 494 IPC, emphasizing that the police can investigate the complaint at this stage. The Court clarified that cognizance of offences under Section 494 IPC can be taken by the aggrieved person, and the earlier reliance on Babubhai Madhavlal Patel's case was misplaced. The Court allowed the appeal, reinstating the investigation into the complaint against all accused under Section 494 IPC while permitting other charges to proceed.

Ushaben vs Kishorbhai Chunilal Talpada & Ors · Niyam