RUKMINI NARVEKAR versus VIJAYA SATARDEKAR & ORS.

RUKMINI NARVEKAR versus VIJAYA SATARDEKAR & ORS.

Defence material cannot be looked into by the Court while framing of charge under s.227 Cr.P.C., except in very rare and exceptional circumstances where it convincingly demonstrates that the prosecution's version is wholly absurd or preposterous; in the present case, such rare exception does not apply and a prima facie case exists against accused Ranjit Satardekar. There is no prima facie case against Vijaya Satardekar, and proceedings against her were rightly quashed.

Parties
Appellant: Rukmini Narvekar; Respondent: Vijaya Satardekar; Respondent: Ranjit Satardekar
Jurisdiction
India
Judgment Date
03 October 2008
Procedural Posture
Criminal Appeal / Appeal From Judgment of the High Court of Bombay, Bench at Goa, in Criminal Writ Petitions Nos. 7 and 8 of 2007
Outcome
Appeal partly allowed, partly dismissed.
Legal Topics
Framing of Charge, Scope of Evidence at Charge Framing, Quashing of Criminal Proceedings, Fiduciary Relationship, Abuse of Process of Court
Criminal Law Constitutional Law Framing of Charge Scope of Evidence at Charge Framing Quashing of Criminal Proceedings Fiduciary Relationship Abuse of Process of Court

Case Brief

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Parties

Rukmini Narvekar

Appellant

Vijaya Satardekar

Respondent

Ranjit Satardekar

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment of the High Court of Bombay, Bench at Goa, in Criminal Writ Petitions Nos. 7 and 8 of 2007

Legal Issues

  1. 1 Whether defence materials can be considered by the Court at the stage of framing of charge under s.227 Cr.P.C.
  2. 2 Whether the criminal proceedings against the accused should be quashed on reliance of civil suit evidence

Ratio Decidendi

Defence material cannot be looked into by the Court while framing of charge under s.227 Cr.P.C., except in very rare and exceptional circumstances where it convincingly demonstrates that the prosecution's version is wholly absurd or preposterous; in the present case, such rare exception does not apply and a prima facie case exists against accused Ranjit Satardekar. There is no prima facie case against Vijaya Satardekar, and proceedings against her were rightly quashed.

Court Disposition

Appeal partly allowed, partly dismissed.

Orders

  • Criminal proceedings against Ranjit Satardekar restored; trial to continue.
  • Criminal proceedings against Vijaya Satardekar quashed and appeal dismissed as against her.