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M/S Neeharika, Infrastructure Pvt. ... vs The State Of Maharashtra on 13 April, 2021

6 In this backdrop, the finding of the High Court to the effect that there is no specific allegation against the second and third respondents or that, as the mother and sister of the bridegroom, they would not be either beneficiaries or have a direct link with the perpetrators of the crime is not based on cogent material or a reading of the FIR. It is well-settled that at the stage when the High Court considers a petition for quashing criminal proceedings under Section 482 of the CrPC, the allegations in the FIR must be read as they stand and it is only if on the face of the allegations that no offence, as alleged, has been made out, that the Court may be justified in exercising its jurisdiction to quash. The parameters of the jurisdiction under Section 482 have been reiterated in a consistent line of authorities and, at this stage, it may be material to refer to the recent decision of this Court in Neeharika Infrastructure v. State of Maharashtra4. Accordingly, we allow the appeal and set aside the impugned judgment and order of the High Court dated 15 April 2019 in Criminal Miscellaneous Application No 27511 of 2018.
Supreme Court of India Cites 75 - Cited by 3990 - M R Shah - Full Document
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