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.