Supreme Court of India · 2013-02-14
SURNDER KAUSHIK vs STATE OF U.P .
- Citation / case number
- SC 2012/38191
- Court
- Supreme Court of India
- Petitioner
- SURNDER KAUSHIK
- Respondent
- STATE OF U.P .
- Author
- Dipak Misra
- Bench
- DIPAK MISRA K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court addressed the validity of FIR No. 442 of 2012 under Sections 406, 420, 467, 468, 471, 504, and 506 IPC, which was challenged for lack of a prima facie case and the existence of a prior FIR on the same cause of action. The Court upheld the High Court's decision to not quash the FIR, emphasizing that the prima facie case was adequately established. The Court did not address the issue of the second FIR's validity as it was not raised in the appeal, thus leaving that matter open for future consideration.