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Sandeep Shrivastava vs Chando Bai on 23 February, 2024 cites

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

12. The counsel appearing for the appellant also drew Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 04-Mar-24 10:52:05 AM 5 M.Cr.C No.37369/2019 our attention to the same decision which is relied upon in the impugned judgment by the High Court i.e. State of Haryana v. Bhajan Lal. In the said decision, this Court held that it may not be possible to lay down any specific guidelines or watertight compartment as to when the power under Section 482 CrPC could be or is to be exercised. This Court, however, gave an exhaustive list of various kinds of cases wherein such power could be exercised. In para 103 of the said judgment, this Court, however, hastened to add that as a note of caution it must be stated that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases for the Court would not be justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the first information report or in the complaint and that the extraordinary or the inherent powers do not confer an arbitrary jurisdiction on the Court to act according to its whim or caprice.
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document

Mohinder Singh vs Gulwant Singh And Others on 17 December, 1991

21. The aforesaid view was reiterated in Mohinder Singh v. Gulwant Singh [(1992) 2 SCC 213 : 1992 SCC (Cri) 361] in the following words: (SCC p. 217, para 11) "11. ... The scope of enquiry under Section 202 is extremely restricted only to finding out the truth or otherwise of the allegations made in the complaint in order to determine whether process should issue or not under Section 204 of the Code or whether the complaint should be dismissed by resorting to Section 203 of the Code on the footing that there is no sufficient ground for proceeding on the basis of the statements of the complainant and of his witnesses, if any. But the enquiry at that stage does not partake the character of a full-dress trial which can only take place after process is issued under Section 204 of the Code calling upon the proposed accused to answer the accusation made against him for adjudging the guilt or otherwise of the said accused person. Further, the question whether the evidence is adequate for supporting the conviction can be determined only at the trial and not at the stage of the enquiry contemplated under Section 202 of the Code. To say in other words, during the course of the enquiry under Section 202 of the Code, the enquiry officer has to satisfy himself simply on the Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 04-Mar-24 10:52:05 AM 12 M.Cr.C No.37369/2019 evidence adduced by the prosecution whether prima facie case has been made out so as to put the proposed accused on a regular trial and that no detailed enquiry is called for during the course of such enquiry."
Supreme Court of India Cites 12 - Cited by 89 - Full Document
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