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P.S. Meherhomji vs K.T.Vijay Kumar . on 14 October, 2014 cites

Smt. Chand Dhawan vs Jawahar Lal And Ors on 28 April, 1992

In the case of Chand Dhawan vs. Jawahar Lal and Others, AIR 1992 SC 1379, this Court, while considering the power of the High Court under Section 482, Cr.P.C. and quashing the criminal proceedings, observed that when the High Court is called upon to exercise its jurisdiction to quash the proceedings at the stage of the Magistrate taking cognizance of the offence, the High Court is guided by the allegations, whether those allegations, set out in the complaint or the charge-sheet, do not in law constitute or spell out any offence and that resort to criminal proceedings would, in the circumstances, amount to an abuse of the process of court or not.
Supreme Court of India Cites 6 - Cited by 155 - M F Beevi - Full Document

State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990

“3. Having perused the impugned judgment in the light of the complaint and its accompaniments we are constrained to say, that the High Court exceeded its jurisdiction under Section 482 CrPC in passing the impugned judgment and order. It is rather unfortunate that though the High Court referred to the decision in State of Haryana v. Bhajan Lal 1992 Supp(1) SCC 335 wherein this Court has enumerated by way of 12 illustration the categories of cases in which power to quash complaint or FIR can be exercised, it did not keep in mind — much less adhered to — the following note of caution given therein: (SCC p. 379, para 103) “We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.”
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document
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