T.K. Soman v. Amitha Kumari and Ors

Supreme Court of India · 15 Apr 2008
B.N. Agrawal; G.S. Singhvi
CRIMINAL APPEAL NO.662 OF 2008
criminal appeal_allowed Significant

AI Summary

The Supreme Court held that a complaint disclosing an offence under Section 420 IPC should not be quashed by the High Court at the threshold and allowed the prosecution to proceed to trial.

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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Appeal (crl.) 662 of 2008
PETITIONER:
T.K. Soman
RESPONDENT:
Amitha Kumari and Ors
DATE OF
JUDGMENT
: 15/04/2008
BENCH:
B.N. AGRAWAL & G.S. SINGHVI
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NO.662 OF 2008
(Arising out of S.L.P. (Crl.) No.4879 of 2005)
Heard learned counsel for the parties.
Leave granted.
We have perused the complaint. In our view, the petition of complaint does disclose an offence under Section 420 of the Indian Penal Code; as such, the High
Court was not justified in quashing the prosecution.
The criminal appeal is, accordingly, allowed and the impugned order is set aside.
The Trial Court shall now proceed with the trial of the case.