Supreme Court of India
K. Neelaveni v. State Rep. by Insp. of Police and Ors.
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What the Court ordered
We are of the opinion that the High Court erred in holding that the charge sheet does not reveal the ingredients constituting the offences under Sections 494 and 406 of the Indian Penal Code.
Judgment, page 7
From the headnote
Code of Criminal Procedure, 1973 - ss.482, 190 and 239 - Charge sheet under ss.406 and 494 /PC - Quashed c by High Court, even before exercise of discretion by Magistrate under s.190, CrPC - Justification of - Held: On facts, not justified - High Court ought not to have interfered .. when the Magistrate had not even examined as to whether the accused persons deserved to be discharged in terms of s. 239, CrPC - High Court ought to have allowed the provisions of CrPC its full play - Penal Code, 1860 - ss.406 and 494. On the basis of complaint lodged by the appellant- wife, police submitted
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