CRL. A.    OF 2010 @ SLP(CRL.) 6232 OF 2009 1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1671 OF 2010 ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 6232 OF 2009

SURENDRA SINGH CHAUHAN ..... APPELLANT

VERSUS

PRABAL PRATAP SINGH & ANR. ..... RESPONDENT

O R D E R

1. Leave granted.

2. We  have  heard  the  learned  counsel  for  the  

parties.  We are of the opinion that the observations  

of the High Court that the incident did not appear to  

be true,  was without basis as there was no evidence as  

the Court had only taken cognizance in the proceedings.  

There also appears to be another contradiction in the  

proceedings in the present matter.  At one stage the  

complaint had been dismissed on merits and a revision  

taken to the High Court had resulted in its revival and  

the matter  remitted to the trial court.  The trial  

court  had  thereafter  taken  cognizance  and  those  

proceedings have been quashed by the High Court on the  

premise that there was no material against the accused.  

We,  accordingly,  allow  this  appeal,  set  aside

CRL. A.    OF 2010 @ SLP(CRL.) 6232 OF 2009 2

the order of the High Court dated 23rd April, 2009 and  

remit the case to the trial court.  It would be open to  

the  accused  to  raise  all  pleas  at  the  time  of  the  

framing of charges.

......................J       [HARJIT SINGH BEDI]

   ......................J  [C.K. PRASAD]

NEW DELHI; AUGUST 06, 2010.