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M. R. SHAH, C. T. RAVIKUMAR
State Represented by the Inspector of Police – Appellant
Versus
M. Maridoss – Respondent
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. Akhil Sharda & Other; reported in 2022 SCC Online SC 820 as well as the reported decision of this Court in the case of M/s Neeharika Infrastructure Pvt. Ltd v. State of Maharashtra & Others; reported in (2020) 10 SCC 180. It is submitted by learned counsel that in the prese
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.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
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.
(1) Power of quashing should be exercised sparingly with circumspection. While examining an FIR/complaint, quashing of which is sought, court cannot embark upon an enquiry as to reliability or genuin....
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