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M. R. SHAH, C. T. RAVIKUMAR
State Represented by the Inspector of Police – Appellant
Versus
M. Maridoss – Respondent
Headnote: Read headnote
ORDER :
1. As per the office report, the respondents are served. None is present on behalf of the respondents.
2. Leave granted.
3. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.12.2021 passed by the Madurai Bench of Madras High Court in Crl. O.P. No. 19872 of 2021, by which the High Court has allowed the said application filed by the accused under Section 482, CrPC and caused the criminal proceedings for the offences under Sections 124A, 153A, 504, 505(1)(b) and 505(2) of the IPC, the State has preferred the present appeal.
4. Mr. Sanjay Hegde, learned senior counsel appearing on behalf of the State has vehemently submitted that the impugned judgment and order passed by the High Court quashing and setting aside the criminal proceedings in exercise of the powers under Section 482, CrPC is just contrary to the decision of this Court in the case of State of Uttar Pradesh & Another v. Akh
Courts should exercise quashing powers sparingly and allow reasonable time for investigation before considering quashing criminal proceedings.
At the stage of discharge and/or quashing of criminal proceedings, while exercising powers under Section 482 Cr.P.C., Court is not required to conduct mini trial – Charges are required to be proved d....
The power under Section 482 of the Code of Criminal Procedure, 1973 should be exercised sparingly, carefully, and with caution, and only when justified by the tests laid down in the section itself. Q....
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
High Court is not required to go into merits of allegations and/or enter into merits of case as if High Court is exercising appellate jurisdiction and/or conducting trial.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and cautiously, and only in cases where the allegations do not prima facie constitute an offense or where there is an....
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