Abhishek Singh vs Ajay Kumar 2025 INSC 807 - S.482 CrPC - Scope Of Quashing Power
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In Section 482 CrPC petition seeking quashing, can HC examine whether the charges may hold up in the Court?
Code of Criminal Procedure 1973 - Section 482 - [Section 528 BNSS]- The task of the High Court, when called upon to adjudicate an application seeking to quash the proceedings, is to see whether, prima facie, an offence is made out or not. It is not to examine whether the charges may hold up in the Court. In doing so, the area of action is circumscribed- Referred to Rajeev Kourav v. Baisahab (2020) 3 SCC 317 and Naresh Aneja v. State of U.P. (2025) 2 SCC 604. (Para 9-10)
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