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Rishi Bhandari vs State Rep By on 7 March, 2025 cites

Sau. Kamal Shivaji Pokarnekar vs The State Of Maharashtra on 12 February, 2019

6. The Hon'ble Supreme Court of India passed in the judgment reported in 2019 (14) SCC 350 in the case of Sau. Kamal Shivaji Pokarnekar vs. The State of Maharashtra & ors., (Crl.A.No.255 of 2019 dated 12.02.2019 ) held that the learned Page 3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:48 pm ) Crl.O.P.Nos.6471, 6475 & 6478 of 2025 Magistrate while taking cognizance and summoning, is required to apply his judicial mind only with the view to taking cognizance of the offence whether a prima facie case has been made out for summoning the accused person. The learned Magistrate is not required to evaluate the merits of the materials or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to conviction or not. Only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the complaint/FIR can be taken for consideration for quashment. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by Magistrate, it can be considered for quashment. Therefore, it is not necessary that a meticulous analysis of the case should be done before the trial to find out whether the case would end in conviction or acquittal. If it appears on a reading of the complaint and consideration of the allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification to interfere. At the initial stage of issuance of process, it is no open to the Court to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Therefore, the criminal complaint cannot be quashed only on Page 4 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/05/2025 02:22:48 pm ) Crl.O.P.Nos.6471, 6475 & 6478 of 2025 the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.
Supreme Court of India Cites 6 - Cited by 1870 - L N Rao - Full Document
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