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Prudhvi Nallamanikaluva And 2 Others vs The Sate Of Telangana And Another on 19 October, 2020 cites

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

17. The Hon'ble Supreme Court in a recent decision in Sau. Kamal Shivaji Pokarnekar v. State of Maharashtra1, categorically held that quashing of criminal proceedings is called for only in a case where the complaint does not disclose any offence, or is frivolous, vexatious, or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same. 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 disclose, there would be no justification for the High Court to interfere. The defences that may be available, or facts/aspects which when established during trial, may lead to acquittal, are not grounds for quashing the complaint at the threshold. At that stage, the only question relevant is whether the 1 AIR 2019 SC 847 8 KL,J Crl.P. No.2687 of 2020 averments in the complaint spell out the ingredients of a criminal offence or not. It was further held in the very same judgment that on perusal of the complaint, if discloses prima facie offences that are alleged against the respondents, it is sufficient. The correctness or otherwise of the said allegations has to be decided only in the trial. At the initial stage of issuance of process, it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Criminal complaints cannot be quashed only on 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 proceedings shall not be interdicted.
Supreme Court of India Cites 6 - Cited by 1870 - L N Rao - Full Document
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