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may 2013

Supreme Court of India · 2013-05-16

Moti Lal Songara vs Prem Prakash @ Pappu & Anr

Citation / case number
AIR 2013 SC (CRIMINAL) 1375
Court
Supreme Court of India
Petitioner
Moti Lal Songara
Respondent
Prem Prakash @ Pappu & Anr
Author
Dipak Misra
Bench
Dipak Misra, K. S. Radhakrishnan

Judgment text excerpt

The Supreme Court addressed the quashing of charges under Sections 323, 324, and 307 IPC by the High Court, emphasizing that the High Court's decision was based on procedural technicalities rather than merits. The Court held that suppression of facts by the accused-respondent warranted the reinstatement of charges, as the principle of 'when the infrastructure collapses, the superstructure is bound to collapse' was misapplied. The Court ultimately allowed the appeal, reinstating the charges against the accused and affirming the prosecution's right to file an application under Section 319 of the Code of Criminal Procedure.

Moti Lal Songara vs Prem Prakash @ Pappu & Anr · Niyam