VidhiSangh

Supreme Court of India · 18/08/2017

R.A.H. SIGURAN versus SHANKARE GOWDA @ SHANKARA & ANR.

[2017] 7 S.C.R. 754 · 2017 INSC 777

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Summary

The High Court could not quash a commenced Immoral Traffic Act prosecution merely because the investigating officer allegedly lacked special statutory authority. An investigation defect does not by itself destroy a competent court’s cognizance or trial; prejudice or miscarriage of justice must be shown. The Supreme Court restored the proceedings without deciding whether the investigation was in fact defective.

Issues

  1. Whether alleged lack of investigative authority alone justified quashing after charges and commencement of evidence.

Held

Result

Appeal allowed; quashing order set aside and trial court directed to proceed in accordance with law. Parties directed to appear on 22 September 2017.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 754.