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july 2019

Supreme Court of India · 2019-07-09

VISHNU KUMAR TIWARI vs THE STATE OF UTTAR PRADESH

Citation / case number
SC 2017/37225
Court
Supreme Court of India
Petitioner
VISHNU KUMAR TIWARI
Respondent
THE STATE OF UTTAR PRADESH
Author
HON'BLE MR. JUSTICE K.M. JOSEPH
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's order which set aside the Chief Judicial Magistrate's dismissal of a protest petition related to dowry death allegations under Sections 498A, 304B IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Court held that the High Court erred in directing a fresh consideration of the protest petition without sufficient grounds, emphasizing the need for a prima facie case to be established before proceeding. The appeal was allowed, thereby reinstating the Chief Judicial Magistrate's decision and dismissing the High Court's order.

VISHNU KUMAR TIWARI vs THE STATE OF UTTAR PRADESH · Niyam