B. V. NAGARATHNA, K. V. VISWANATHAN
Komal Prasad Shakya – Appellant
Versus
Rajendra Singh – Respondent
| Table of Content |
|---|
| 1. allegations of false caste claims by accused. (Para 3 , 4 , 5 , 6) |
| 2. high court's quashing based on lack of evidence. (Para 10 , 11) |
| 3. cognizance on prima facie allegations in complaint. (Para 20 , 21 , 22) |
| 4. evidentiary standards for criminal charges discussed. (Para 26 , 27) |
| 5. appeals allowed; trial proceedings to resume. (Para 28) |
JUDGMENT :
K.V. Viswanathan, J.
1. The present appeals call in question the correctness of the judgment and order passed by the High Court of Madhya Pradesh, Bench at Gwalior in Miscellaneous Criminal Case No.5897 of 2014 and Miscellaneous Criminal Case No.6319 of 2014 dated 28.06.2016.
By the said judgment, the High Court has quashed the Criminal Complaint filed against the individual respondents herein, by the appellant in Criminal Appeal No.1222 of 2018, before the Chief Judicial Magistrate First Class, Guna. The complaint was filed in Criminal Complaint Case No.1072 of 2014 for offences under Sections 415 , 416, 420, 467, 468, 471 and 120B of the INDIAN PENAL CODE , 1860 (for short the “IPC”). The Chief Judicial Magistrate First Class, by order dated 28.05.2014, took cognizance for offences punishable under Sections 420 , 467, 468, 4
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