Supreme Court of India · 2017-12-07
PRABHU DUTT TIWARI vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 2015/37212
- Court
- Supreme Court of India
- Petitioner
- PRABHU DUTT TIWARI
- Respondent
- THE STATE OF UTTAR PRADESH
- Author
- HON'BLE MR. JUSTICE KURIAN JOSEPH
- Bench
- HON'BLE MR. JUSTICE AMITAVA ROY HON'BLE MR. JUSTICE KURIAN JOSEPH
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the summoning order under Sections 419, 420, 468, 471, and 120B IPC, as the allegations of collusion and fabrication of documents were sufficient to establish a prima facie case against the accused. The Court emphasized that the rights of a bhumidhar do not negate the possibility of criminal liability if fraudulent actions are proven. The Court reinstated the summoning order, allowing the case to proceed to trial.