Amish Devgan vs Union Of India on 7 December, 2020
In Amish Devgan vs Union of India and Ors, (2021) 1 SCC 1,
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the Hon'ble Apex Court held as under:
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1 - 2 of 2 (0.40 seconds)Rajeev Kourav vs Baisahab on 11 February, 2020
into by the court, except in very exceptional circumstances, at the
initial stage of the criminal proceedings. It is trite law that the High
Court cannot embark upon the appreciation of evidence while
considering the petition filed under Section 482 CrPC for quashing
criminal proceedings. It is clear from the law laid down by this Court
that if a prima facie case is made out disclosing the ingredients of the
offence alleged against the accused, the Court cannot quash a
of
criminal proceeding." 15. In that view of the matter, we hold that the
High Court had improperly quashed the proceedings initiated by the
appellant. It stands clarified that we have not expressed any opinion
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on the matter, and the guilt or innocence of the respondents has to
be established in the trial, in accordance with the law. The
proceedings out of the subject FIR, mentioned in paragraph 2 are
revived and restored to the file of the concerned Court."
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