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april 2014

Supreme Court of India · 2014-04-03

BABUBHAI BHIMABHAI BOKHIRIA vs STATE OF GUJARAT .

Citation / case number
SC 2008/36683
Court
Supreme Court of India
Petitioner
BABUBHAI BHIMABHAI BOKHIRIA
Respondent
STATE OF GUJARAT .
Author
PINAKI CHANDRA GHOSE CHANDRAMAULI KR. PRASAD
Bench
PINAKI CHANDRA GHOSE CHANDRAMAULI KR. PRASAD

Judgment text excerpt

The Supreme Court examined the application for further investigation under Section 173(8) of the Code of Criminal Procedure in a murder case where the appellant, Babubhai Bhimabhai Bokhiria, was accused of conspiracy. The Court held that the Investigating Officer's affidavits indicated no evidence of the appellant's complicity in the murder of Mulubhai Gigabhai Modhvadiya, and thus, the Sessions Judge's order for further investigation was unwarranted. The appeal was allowed, and the order for further investigation was set aside, reinforcing the principle that a judge must not allow trials based on unsubstantiated claims.

BABUBHAI BHIMABHAI BOKHIRIA vs STATE OF GUJARAT . · Niyam