Supreme Court of India

Md. Allauddin Khan v. The State of Bihar & Ors.

Neutral citation
Bench Abhay Manohar Sapre and Dinesh Maheshwari JJ.
Decided 15 April 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the foregoing discussion, the appeal succeeds and is accordingly allowed.

Judgment, page 5

From the headnote

Code of Criminal Procedure, 1973: s. 482 – Complaint u/ss. 327 And 379 r/w s. 34 IPC – Taken cognizance of, by the Judicial Magistrate – In petition u/s. 482, High Court quashed the complaint holding that prima facie case was not made out in view of pending civil dispute between the parties and that the statements of witnesses were contradictory – On appeal, held: In order to see whether prima facie case is made out against the accused for taking cognizance, the Court is only required to see the allegations in the complaint – Such ascertainment cannot be done taking into account mere pendency…

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