Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.482 - Appellant withdrew money from bank |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Appellant withdrew money from bank, went to the house of respondents accompanied by first respondent while leaving the money in C the car of first respondent - Glass of the car subsequently broken and the money stolen - Chargesheet against respondents u/s. 406 and 420 /PC - Trial Court summoned the respondents - They approached High Court u/s. 482 CrPC - Criminal proceedings quashed by High Court - Legality of - o Held: High Court grossly erred in quashing the proceedings against the respondents - Argument before the High Court was that offences ulss. 406 and 420 /PC were not made out on the facts alleged in the FIR - High Court opined that there was no entrustment of the money and at best it was a case of E theft falling uls.379 /PC - Thus, even according to High Court, the case fell uls.379 /PC~ Whether respondents are guilty u/ s.379 /PC or not is a matter of evidence - The fact that the police chose to file chargesheet u/ss.406 and 420 /PC is not conclusive regarding the offences for which the respondents- F accused are to be tried - . The trial Court can always frame appropriate charge if there is sufficient material from the report of the police available before it - In case material is insufficient to frame a charge, the trial Court may either discharge the accused or may direct further investigation in the matter - Penal Code, 1860 - ss. 379, 406 and 420. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2014 INSC 566 |
Petitioner | Ghanshyam Sharma |
Respondent | Surendra Kumar Sharma & Ors. |
SCR | [2014] 9 S.C.R. 447 |
Judgement Date | 2014-08-26 |
Case Number | 1838 |
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