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Supreme Court of India 2019-03-29 allowed

Om Prakash Sahu vs State of U.P. and Another

Bench: 1 — Pradeep Kumar Srivastava

In Brief

A father lodged a dowry harassment FIR based on local information but later disclosed true facts to court through his daughter. When the trial concluded with acquittal and all witnesses turned hostile, the trial court ordered prosecution of the informant under Section 182 IPC (false information). The Supreme Court held that Section 182 cannot apply merely because initial statements were corrected; prosecution requires a prior judicial finding that a statement was false. Since all witnesses were hostile and acquittal was based on their statements, invoking Section 182 served no purpose and was neither mandatory nor proper. The Court set aside the prosecution order and allowed the revision.

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Criminal Procedure False Information Hostile Witness Dowry Cases Mediation

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