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january 2019

Supreme Court of India · 2019-01-22

Sau. Saraswatibai vs Lalitabai

Citation / case number
AIRONLINE 2019 SC 2152
Court
Supreme Court of India
Petitioner
Sau. Saraswatibai
Respondent
Lalitabai
Author
M. R. Shah
Bench
A.K. Sikri, S. Abdul Nazeer, M.R. Shah

Judgment text excerpt

The Supreme Court held that the High Court's quashing of criminal proceedings under Section 482 of the CrPC was erroneous, as the investigation had established a prima facie case against the accused under Sections 420, 464, 465, 467, 468, 471 read with Section 34 IPC. The Court emphasized that the High Court should not have relied on the complainant's statement to dismiss the case, especially after a Final Report was submitted indicating collusion and criminality. The Supreme Court reinstated the criminal proceedings, thereby reversing the High Court's order.

Sau. Saraswatibai vs Lalitabai · Niyam