Kanchanbai and Ors. v. State of Rajasthan and Ors.
Case brief
What is this about?
Appeal from judgment dismissing an appeal in an offence under S. 420 and 406 IPC. It is held that the lower court's decision was based on a false premise that an appeal was filed under S. 425 CPC within the limitation period. The appellant did not intend to frame charges under S. 320 IPC, even if those charges were framed. The court below correctly dismissed the appellant's appeal as the challenge to the framing of charges for S. 320 IPC was misplaced, and the appeal is dismissed.
What did the court decide?
The appeal against the judgment dismissing the appellant's appeal is allowed. The appellant is not liable to frame charges under S. 320 IPC as the lower court did not intend to frame such charges, and