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Supreme Court of India 2019-01-29 allowed

PALLAVI vs STATE OF U.T. CHANDIGARH

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

Pallavi challenged the High Court's affirmation of the Sessions Court's order setting aside charges against her in-laws under sections 406 (criminal misappropriation) and 498-A (dowry harassment) IPC. The Sessions Court found insufficient specific allegations against the accused. The Supreme Court held that at the charge-framing stage, the court need only satisfy itself of prima facie materials; it should not examine the merits or sufficiency of evidence in detail. The Sessions Court erred in going into merits and setting aside the Judicial Magistrate's order. The appeal was allowed and the matter remitted to the trial court for decision on merits.

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Criminal Procedure Dowry Harassment Charge Framing Revisional Jurisdiction Indian Penal Code

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