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Supreme Court of India 2019-01-07 allowed

Monu vs State of U.P. & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

Monu was charged under sections of the Indian Penal Code (420, 498A, 323, 376, 506) and the Dowry Prohibition Act, 1961. The appellant filed an application under Section 482 of the Code of Criminal Procedure to challenge the charge sheet. The High Court dismissed the application with a terse, unreasoned order. The Supreme Court set aside the High Court's decision and remanded the matter, holding that a High Court judge must always set out the case facts, examine the legal issues against established principles, and issue a reasoned order—not a bare dismissal. The Court found the High Court's disposal casual and lacking proper application of mind.

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