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State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990

In terms of the decision of the Hon'ble Apex Court in case of State of Haryana v. Bhajan Lal [1992 Supp.(1) SCC 335], the power under Section 482 can be exercised by this Court, where the allegations made in the FIR, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. Taking an overall KHUNTE ::: Uploaded on - 06/05/2021 ::: Downloaded on - 30/08/2021 13:59:51 ::: 13/13 APL-573.16 (1).odt-Judgment view of the matter, we are satisfied that even if allegations in the First Information Report are accepted as correct, and considering the material in the form of charge-sheet on its face value, it does not disclose essential ingredients of offences alleged against the applicant under sections 354-A(1)(iv), 509 and 107 of the Indian Penal Code and section 67 of the Information Technology Act, 2000. We are therefore satisfied that continuation of present proceedings against the applicant would amount to abuse of process of Court.
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document
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