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Smt. Protima Sen Vs. Beney Bhushan Sen - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 198 of 1968
Judge
Reported in(1972)4SCC205
AppellantSmt. Protima Sen
RespondentBeney Bhushan Sen
DispositionAppeal Dismissed
Excerpt:
- [ a.n. grover and; k.s. hegde, jj.] -- criminal trial — trifles — court not to take note of trifles — where the statements complained of did not constitute an offence in law, held, the court rightly rejected the application -- no court will take notice of trifles. the high court was fully justified in rejecting the application. the appeal is dismissed with costs.k.s. hegde, j.1. this is a frivolous appeal. the allegation of the appellant is that in the petition filed before the high court for special leave to appeal to this court, the respondent had made certain false allegations against the appellant and her husband. on that basis she prayed that the respondent be prosecuted. the statements complained of do not constitute an offence in law. further whether in a particular case action should be taken against a party is a matter within the discretion of the concerned court. no court will take notice of trifles. the high court was fully justified in rejecting the application. the appeal is dismissed with costs.
Judgment:

K.S. HEGDE, J.

1. This is a frivolous appeal. The allegation of the appellant is that in the petition filed before the High Court for special leave to appeal to this Court, the respondent had made certain false allegations against the appellant and her husband. On that basis she prayed that the respondent be prosecuted. The statements complained of do not constitute an offence in law. Further whether in a particular case action should be taken against a party is a matter within the discretion of the concerned Court. No Court will take notice of trifles. The High Court was fully justified in rejecting the application. The appeal is dismissed with costs.


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