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august 2017

Supreme Court of India · 2017-08-24

Rakhi Mishra vs The State Of Bihar

Citation / case number
AIR 2017 SUPREME COURT 4019
Court
Supreme Court of India
Petitioner
Rakhi Mishra
Respondent
The State Of Bihar
Author
L. Nageswara Rao
Bench
L. Nageswara Rao, S.A.Bobde

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the criminal proceedings against the respondents under Sections 498A, 354A, and 354B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Court emphasized that at the stage of cognizance, the Magistrate must only determine if a prima facie case exists without evaluating the merits of the evidence. The Court reinstated the trial court's order, affirming that the High Court's intervention under Section 482 Cr.P.C. is only warranted in exceptional circumstances when no prima facie case is established.

Rakhi Mishra vs The State Of Bihar · Niyam