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january 2023

Supreme Court of India · 2023-01-02

DEEPAK GABA vs STATE OF UTTAR PRADESH

Citation / case number
SC 2022/12892
Court
Supreme Court of India
Petitioner
DEEPAK GABA
Respondent
STATE OF UTTAR PRADESH
Author
HON'BLE MR. JUSTICE SANJIV KHANNA
Bench
HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE SANJIV KHANNA

Judgment text excerpt

The Supreme Court examined the validity of a summoning order issued under Section 406 of the Indian Penal Code, based on a private complaint alleging a forged demand for money. The High Court had dismissed the petition challenging the order, and the Supreme Court analyzed whether the prima facie evidence was sufficient to summon the accused for trial. The Court emphasized the importance of evaluating the evidence at the stage of issuing process and upheld the summoning order, affirming the procedural correctness. The judgment underscores the scope of judicial review under Section 482 CrPC in criminal proceedings.

DEEPAK GABA vs STATE OF UTTAR PRADESH · Niyam