VidhiSangh

Supreme Court of India · 14/12/2021

MIRZA IQBAL @ GOLU & ANR. versus STATE OF UTTAR PRADESH & ANR.

[2021] 9 S.C.R. 469 · 2021 INSC 890

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Summary

The Court quashed the charge sheet and cognizance order against the deceased wife’s brother-in-law and mother-in-law because the complaint, police report and other material contained only vague collective allegations rather than specific involvement. The brother-in-law’s separate employment and attendance were supported, and the mere possibility of reaching the incident location did not supply missing allegations. The medical record did not support the asserted additional injuries. Relatives were not immune from prosecution where specific acts disclosed complicity, but mechanically sending these appellants to trial would abuse the process.

Issues

  1. Whether vague collective allegations and the supporting material justified prosecution of the two appellant relatives.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and charge sheet and cognizance order quashed as against the two appellants.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 469.