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Home » Shafiya Khan @ Shakuntala Prajapati v. State of U.P.

Shafiya Khan @ Shakuntala Prajapati v. State of U.P.

Criminal Procedure Code, 1973 Section 482 – Quashing of criminal proceedings.

It is no doubt true that the power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases and it was not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies. [Para 17]

CASE LAW REFERENCE

  1. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, AIR 2021 SC 1918
  2. State of Haryana v. Bhajan Lal, 1992 Supp. (1) SCC 335

Citations : JT 2022 (2) SC 112

Case Link : https://pdf.caselaw.in/sc/2022/02/1142/

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