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.