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Supreme Court of India 2019-01-07 allowed

MONU vs THE STATE OF UTTAR PRADESH

Bench: 2 — Abhay Manohar Sapre, R. Subhash Reddy

In Brief

The appellant challenged the High Court's dismissal of his petition under Section 482 of the Criminal Procedure Code seeking quashing of criminal proceedings for offences under the IPC and Dowry Prohibition Act. The High Court dismissed the petition with a minimal, unreasoned order that did not set out the factual matrix or examine the grounds raised. The Supreme Court held that such casual disposal is impermissible. A Single Judge must first state the facts, then analyze the challenge in light of legal principles and record specific findings. The Court allowed the appeal, set aside the High Court's order, and remanded the matter for fresh consideration on merits.

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Criminal Procedure Jurisdiction and Powers Dowry Offences High Court Petition

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