Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | cognizance Criminal Trial |
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.190(1)(b) - Order of Magistrate taking cognizance against accused-respondent no. 1 - Held: On facts, cannot be found fault with - The Magistrate took cognizance on the basis of facts brought ft his notice by the appellant-informant and, therefore, he infact, exercised power u/s.190(1)(b) CrPC - Penal Code, 1860 - SS. 307, 323, 324 & 341. Criminal Trial - Suppression of fact by accused - Fraud on Court - Cognizance of offences by Magistrate - Charges framed by Sessions Judge - Order of quashment of summons obtained by accused-respondent no. 1 from another Sessions Judge hearing revision against the order of the Magistrate by calculated concealment of facts - Held: Though respondent no. 1 was fully aware about the fact that charges had been framed against him by the Sessions Judge, yet he did not bring the same to the notice of the other Sessions Judge hearing revision against the order of the Magistrate taking cognizance - As the order of quashment of summons was obtained by practising fraud and suppressing material fact before a court of law to gain advantage, power u/Article 142 of the Constitution invoked to do complete justice between the parties - Order of quashment of summons accordingly set aside - Order framing charges restored - Trial directed to continue - Penal Code, 1860 - ss. 307, 323, 324 & 341 - Maxims - "supressio veri, expression faisi'' - Constitution of India, 1950 - Art. 142. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 346 |
Petitioner | Moti Lal Songara |
Respondent | Prem Prakash @ Pappu And Anr. |
SCR | [2013] 6 S.C.R. 496 |
Judgement Date | 2013-05-16 |
Case Number | 785 |
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