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february 2013

Supreme Court of India · 2013-02-20

SUNIL MEHTA vs STATE OF GUJARAT

Citation / case number
SC 2012/286
Court
Supreme Court of India
Petitioner
SUNIL MEHTA
Respondent
STATE OF GUJARAT
Author
T.S. THAKUR
Bench
SUDHANSU JYOTI MUKHOPADHAYA T.S. THAKUR

Judgment text excerpt

The Supreme Court addressed whether depositions recorded under Chapter XV of the Code of Criminal Procedure, 1973, prior to cognizance by the Magistrate, can be considered as evidence for framing charges under Chapter XIX. The Court held that such depositions cannot be treated as evidence for charge framing, emphasizing compliance with Section 244 of the Cr.P.C. The appeal was allowed, overturning the High Court's decision that had permitted the use of these depositions for charge framing.

SUNIL MEHTA vs STATE OF GUJARAT · Niyam