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december 2017

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.

PRABHU DUTT TIWARI vs THE STATE OF UTTAR PRADESH · Niyam