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Md. Allauddin Khan vs The State Of Bihar on 15 April, 2019

8. After going through the complaint and others documents, I am of the view that at this stage it cannot be said that commission of cognizable offence is not made out or there is any error legal or otherwise in the order passed by Court below against applicants. The allegations being factual in nature can be decided only subject to evidence. In view of settled legal proposition, no findings can be recorded about veracity of allegations at this juncture in absence of evidence. Apex Court has highlighted that jurisdiction under Section 482 Cr.P.C. be sparingly/rarely invoked with complete circumspection and caution. Recently in Md. Allauddin Khan Vs. The State of Bihar and others (2019) 6 SCC 107, Supreme Court observed as to what should be examined by High Court in an application under Section 482 Cr.P.C. and in paras 15, 16 and 17 said as under :
Supreme Court of India Cites 6 - Cited by 1013 - A M Sapre - Full Document
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