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INDIA CRIMINAL APPELLATE

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Cryptic and non-speaking orders not maintainable and are liable to be set aside

    High court with out discussing the pleadings- with out assigning     valid reasons – cryptically quashed the complaint which was taken cognizance by Lower court  by it’s non-speaking orders – Apex court set aside & remanded for afresh disposal =    the impugned judgment does not disclose as to how this finding was … Continue reading

whether it was a fit case to send the appellants for trial when the FIR failed to make out a prima facie case against them regarding the allegation of inflicting physical and mental torture to the complainant demanding dowry from the complainant. We, therefore, deem it just and legally appropriate to quash the proceedings initiated against the appellants Geeta Mehrotra and Ramji Mehrotra as the FIR does not disclose any material which could be held to be constituting any offence against these two appellants. Merely by making a general allegation that they were also involved in physical and mental torture of the complainant-respondent No.2 without mentioning even a single incident against them as also the fact as to how they could be motivated to demand dowry when they are only related as brother and sister of the complainant’s husband, we are pleased to quash and set aside the criminal proceedings in so far as these appellants are concerned and consequently the order passed by the High Court shall stand overruled. The appeal accordingly is allowed.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1674 OF 2012 (Arising out of SLP (Crl.) No. 10547/2010) Geeta Mehrotra & Anr. ..Appellants Versus State of U.P. & Anr. . Respondents J U D G M E N T GYAN SUDHA MISRA, J. 1. This appeal by special leave in … Continue reading

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