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Criminal · Reportable judgment

Monu vs State of U.P. & Anr.

Court
Supreme Court of India
Date
7 January 2019
Case No.
Criminal Appeal No. 21 of 2019
Result
Allowed
Bench
Abhay Manohar Sapre, R. Subhash Reddy
Citation
[2019] 1 S.C.R. 51 : 2019 INSC 24
Supreme Court Reports [2019] 1 S.C.R. 51 : 2019 INSC 24
Headnote

Code of Criminal Procedure, 1973 – s.482 – Quashing of charge-sheet – Charge-sheet filed under ss.420, 498A, 323, 376,

506 IPC and ss.3 and 4 of Dowry Prohibition Act, 1961 – Petition filed under s.482 for quashing the charge sheet – By impugned order, s.482 petition was dismissed by High Court on the ground that there was no illegality or perversity in the eyes of law and no good ground to interfere with the order of sessions judge – On appeal, held: In the impugned order, there was no appreciation of factual matrix of the case – The order was non-reasoned one and did not disclose application of mind to the case – Matter remitted to High Court for consideration afresh – Judgments/Orders – Non-reasoned order.

Allowing the appeal and remitting the matter to High Court, the Court

HELD: The Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then should have examined the challenge made to the proceedings on the question involved with a view to record the findings on the grounds urged by the appellant as to whether any case for interference therein is made out or not. The said exercise was not done by the High Court while passing an unreasoned impugned order, which does not disclose any application of mind to the case. [Paras 10, 11][53-B-D]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order dated 29.10.2018 passed by the High Court of Judicature at Allahabad in an Application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) bearing No. 33965 of 2018 whereby the Single Judge of the High Court dismissed the application filed by the appellant herein. 3. Few facts need mention hereinbelow to appreciate the short controversy involved in this appeal. 4. By impugned order, the Single J
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