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Sheonandan Paswan vs State Of Bihar & Others on 16 December, 1982

84. Political vendetta in the incident or in the lodgement of the criminal case is of no consequence when, the criminal case by itself has substance. The present criminal cases involve multiple murders. It has been accepted by the State that, some persons allegedly exercised a right of private defence. As has been noted above, whether or not, private defence was available to the accused is an issue which is required to be decided at the trial of the criminal cases. Criminal prosecution in all the criminal cases is otherwise justifiable and is based on adequate evidence. Police had filed charge sheets in the criminal cases. As has been noted in Sheonandan Paswan (supra) that, even if political vendetta for initiation of a criminal prosecution is proved, then also such criminal prosecution does not become vitiated on the ground of mala fide or political vendetta, so long, the criminal case is based upon some evidence to put up the accused on trial.
Supreme Court of India Cites 51 - Cited by 227 - V D Tulzapurkar - Full Document
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