Full Judgment Text
CRL. A. OF 2010 @ SLP(CRL.) 6232 OF 2009
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1671 OF 2010
ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 6232 OF 2009
SURENDRA SINGH CHAUHAN ..... APPELLANT
VERSUS
PRABAL PRATAP SINGH & ANR. ..... RESPONDENT
O R D E R
1. Leave granted.
2. We have heard the learned counsel for the
parties. We are of the opinion that the observations
of the High Court that the incident did not appear to
be true, was without basis as there was no evidence as
the Court had only taken cognizance in the proceedings.
There also appears to be another contradiction in the
proceedings in the present matter. At one stage the
complaint had been dismissed on merits and a revision
taken to the High Court had resulted in its revival and
the matter remitted to the trial court. The trial
court had thereafter taken cognizance and those
proceedings have been quashed by the High Court on the
premise that there was no material against the accused.
We, accordingly, allow this appeal, set aside
CRL. A. OF 2010 @ SLP(CRL.) 6232 OF 2009
2
rd
the order of the High Court dated 23 April, 2009 and
remit the case to the trial court. It would be open to
the accused to raise all pleas at the time of the
framing of charges.
......................J
[HARJIT SINGH BEDI]
......................J
[C.K. PRASAD]
NEW DELHI;
AUGUST 06, 2010.