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august 2013

Supreme Court of India · 2013-08-22

Fiona Shrikhande vs State Of Maharashtra & Anr

Citation / case number
AIR 2014 SUPREME COURT 957
Court
Supreme Court of India
Petitioner
Fiona Shrikhande
Respondent
State Of Maharashtra & Anr
Author
K. S. Radhakrishnan
Bench
A. K. Sikri, K. S. Radhakrishnan

Judgment text excerpt

The Supreme Court addressed the allegations under Sections 294 and 504 IPC, emphasizing that for a conviction under Section 504, there must be a clear intention to provoke the complainant to breach the peace. The Court held that the Additional Chief Metropolitan Magistrate had rightly found a prima facie case to issue process under Section 504 IPC, affirming the lower court's decision. The appeal challenging the issuance of process was dismissed, reinforcing the legal principle that intent is crucial in cases of provocation under IPC.

Fiona Shrikhande vs State Of Maharashtra & Anr · Niyam