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Priti Saraf vs State Of Nct Of Delhi on 10 March, 2021

(13) Looking into the order taking cognizance, the court finds that the learned court has given reasons of taking the cognizance. (14) In these backgrounds, the question remains as to whether this Court sitting under Section 482 of CrPC can make a roaming inquiry to conclude the case and for quashing the entire proceedings. (15) The law in this regard is well settled that at this stage that if 14 2026:JHHC:1690 prima facie materials are there, the High Court is not required to roam into the matter to consider whether the case is made out or not? And if the prima-facie case is made out, Section 482 Cr.P.C. is not the remedy as has been held by the Hon'ble Supreme Court in the case of Priti Saraf V. State of NCT of Delhi reported in 2021 SCC Online SC 206 and further the case in hand is not coming under the ambit of State of Haryana Vs. Ch. Bhajanlal reported in 1992 SCC Supl. 1 335. (16) This Court has also read the allegations in between the lines and finds that the benefits of any doubt is not going in favour of the petitioners, as it is admitted position that the petitioners have not completed the project within time, it has been terminated by the NHAI and the money has been misappropriated.
Supreme Court of India Cites 29 - Cited by 152 - A Rastogi - Full Document
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