New Delhi: Criminal Prozers against the defendant cannot be canceled simply because some people who might commit unbraced violations, the Supreme Court has said.
Judge Judge Mr.
Shah and BV Nagarathna said during the trial if it was found that the people accused of being unbroken, the court could regulate it as a defendant in carrying out power based on the part 319 CRPC.
“Just because some people who might commit unbroken violations, could not be the basis for canceling the process of accusations accused of tarpaulin after finding the case of the prime facie against it after being investigated,” Bench said in recent order.
The upper Court to hear the appeal submitted by Suvarna Cooperative Bank Ltd.
Against the Karnataka High Court order, which canceled a criminal process against a man for violations under the 120B Section (Criminal Conspiracy), 408 (criminal criminal trust by Public Hamberal) 420 (cheating) and 149 (Every member of the Assembly who violates the law is guilty of committing a violation committed at the prosecution of the General Object) from the Criminal Procedure Code.
The complainant bank filed a complaint in the presence of an additional Metropolitan Magistrate Court, Bangalore and FIR registered before the Chickpet police station under various IPC parts.
When completing an investigation, the cost sheet was filed against accusing number one in this case.
The defendant had approached the High Court who raised the process of it on the grounds that in the absence of accusing two and three numbers in police reports, the accusation sheet cannot be submitted against only accusing number 1 which PEX Mahkamah said in this case no one was observed further by the court High on excess and / or charges against accusing number one.
“In certain situations, the rating and order that was revealed which was passed by the High Court discussed the criminal process of no.2 respondents here – original accused number one worthy of being canceled and set aside.” Given the above and for the reasons mentioned above the appeal at the time of appeal.
This works.
Receiving public assessments and order derived by the High Court who discussed the criminal process against accusing number one with this canceled and set aside, “Bench said.
Criminal Proceedings of the Defendant cannot be canceled only because others are not charged: SC
