Supreme Court of India · 2015-08-06
MOHD.KHALID KHAN vs STATE OF U.P.
- Citation / case number
- SC 2007/22476
- Court
- Supreme Court of India
- Petitioner
- MOHD.KHALID KHAN
- Respondent
- STATE OF U.P.
- Author
- AMITAVA ROY ANIL R. DAVE
- Bench
- AMITAVA ROY ANIL R. DAVE
Judgment text excerpt
The Supreme Court set aside the High Court's order dismissing the appellants' applications under Section 482 of the Criminal Procedure Code, finding that the High Court had considered incorrect facts regarding an oral gift (Hiba) not reflected in the sale deed. The Court held that no case was made out for initiating criminal proceedings against the appellants, quashing the process and charge-sheet issued against them in relation to FIR No.332 of 2005. The appeals were allowed, and the original record was ordered to be returned to the trial court.