KrishnaKant Kwivedy vs State of Chhattisgarh 2025 INSC 958 - S.482 CrPC - Meaning "Manifestly Attended With Mala Fide"

Code of Criminal Procedure 1973 - Section 482 - The expression “manifestly attended with mala fide” following criminal proceedings, as appearing in clause 7 of paragraph 102 of Bhajanlal case- The mala fide must be manifest on the face of the FIR - whether or not there has been misrepresentation is entirely a question of fact which cannot be decided at the stage when the inherent powers of the High Court are invoked for quashing of an FIR/criminal proceedings. Such a question obviously has to be left for a decision at the trial, if at all a defence to that effect is raised, and it would then be for the trial court to consider the same while it returns its findings on the question of guilt or otherwise. (Para 11)