Section 482 CrPC: HC Should Not Embark Upon An Enquiry Into Validity Of Evidence Available: SC [Read Order]

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5 Dec 2019 12:34 PM IST

  • Section 482 CrPC: HC Should Not Embark Upon An Enquiry Into Validity Of Evidence Available: SC [Read Order]

    "All that the Court should see is as to whether there are allegations in the complaint which form the basis for the ingredients that constitute certain offences complained of."

    While invoking the power under Section 482 Cr.P.C for quashing a complaint or a charge, the High Court should not embark upon an enquiry into the validity of the evidence available, the Supreme Court has reiterated.In M. Jayanthi vs. KR Meenakshi, A lady made a complaint before Magistrate alleging that her husband committed bigamy (Section 494 IPC) by marrying another woman. On petition filed...

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