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Bhaskar Lal Sharma & Anr vs Monica And Ors on 18 February, 2014

11. On the other hand, the counsel appearing for the respondent/complainant in support of his contention, he relied upon the judgment reported in (2014) 3 SCC 383, Bhaskar Lal Sharma and another vs. Monica and others and referring to this judgment, the counsel would contend that while invoking section 482 of Cr.P.C., Core test that has to be applied before summoning the accused is that the facts stated against the accused have to be accepted as they appear on the very face of it. Appreciation, even in a summary manner, of averments made in a complaint, petition or FIR is not permissible at the stage of quashment of criminal proceeding and the same has to be proved which can only be done in the course of a regular trial.
Supreme Court of India Cites 9 - Cited by 45 - R Gogoi - Full Document
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