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december 2019

Supreme Court of India · 2019-12-10

SAEEDA KHATOON ARSHI vs THE STATE OF UTTAR PRADESH

Citation / case number
SC 2019/19521
Court
Supreme Court of India
Petitioner
SAEEDA KHATOON ARSHI
Respondent
THE STATE OF UTTAR PRADESH
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed the appeal against the Allahabad High Court's decision to set aside the summoning order under Section 319 of the CrPC. The Court emphasized that the High Court's reliance on Section 482 CrPC was misplaced as it interfered with the trial court's discretion. The Court held that the evidence presented warranted the summoning of the accused under Section 319, thereby reinstating the trial court's order and allowing the prosecution to proceed against the accused under Section 306 IPC for abetment of suicide.

SAEEDA KHATOON ARSHI vs THE STATE OF UTTAR PRADESH · Niyam