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Raghubir Saran Jain And Anr. vs State And Anr. on 28 June, 1995

17. The Court therefore, has to be circumspect and has to see that its decision in exercise of this power is based on sound principles. Inherent powers should not be exercised to stifle a legitimate prosecution. The High Court ordinarily is expected to refrain from giving a prima facie decision in cases. Althouth there can be no thumb rule as regards cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceedings, the power can be used at any stage. Re The Janata Dal etc. v. H.S. Chowdhary and Ors. etc. , Dr. Raghubir Saran v. State of Bihar and Anr. . Nevertheless, the Court cannot meticulously analyze the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premise, arrive at a conclusion that the proceedings are to be quashed.
Calcutta High Court Cites 19 - Cited by 13 - Full Document
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