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Tag: Quash Order is Set Aside

State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002

Posted on February 25, 2021 by ShadesOfKnife

A 3 judge bench citing Bhajan lal judgment here, held as follows:

In dealing with the last case, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is function of the trial Judge. Judicial process should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the hands of private complainant as unleash vendetta to harass any person needlessly.

Finally, it was held that, there were grounds to Quash the proceedings, by saying,

the involvement of excise officials cannot be ruled out and when they have been indicated to be witnesses, likelihood of prejudice cannot be ruled out. It was also noted that there was no “definite evidence” to show that accused nos. 1&2 were directly involved. Finally, it was observed that there was no material to hold that the accused persons had committed theft of “Letter Heads” from Karnataka Bank Ltd., and/or they had committed forgery for the purpose of cheating or have used genuine forged documents or had cheated the government. Finally, it was observed that there was no evidence to infer common intention to commit such offences.

State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002

Citations : [2002 SCC 3 89], [2002 SCALE 1 176], [2002 AIR SC 671], [2002 SCR 1 275], [2002 CRLJ SC 998], [2002 SCC CRI 539], [2002 UJ SC 1 362], [2002 AIR SC 286], [2002 SUPREME 1 192], [2002 ACR SC 1 605], [2002 ALD CRI 1 412], [2002 SCSUPPL CHN 2 21], [2002 UC 1 294], [2002 AIR SCW 286], [2002 JT SC 1 213]

Other Sources :

https://indiankanoon.org/doc/1014506/

https://www.casemine.com/judgement/in/5609adc4e4b0149711412362

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Counterblast case Landmark Case Quash Order is Set Aside R.P. Kapur Vs State of Punjab Reportable Judgement or Order State Of Haryana Vs Ch Bhajan Lal State of Karnataka Vs M. Devendrappa and Anr Work-In-Progress Article | Leave a comment

Amit Kapoor Vs Ramesh Chander & Anr on 13 September, 2012

Posted on June 3, 2018 by ShadesOfKnife

In the judgment of Apex Court, a Quash order by the High Court is set aside.

Thus, we are of the considered view that the finding returned by the High Court suffers from an error of law. It has delved into the field of appreciation and evaluation of the evidence which is beyond the jurisdiction, either revisional or inherent, of the High Court under Sections 397 and 482 of the Code.

Amit Kapoor vs Ramesh Chander & Anr on 13 September, 2012

Citations: [2

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Amit Kapoor Vs Ramesh Chander and Anr Quash Order is Set Aside | Leave a comment

Taramani Parakh Vs State Of M.P. & Ors on 16 March, 2015

Posted on June 3, 2018 by ShadesOfKnife

In this judgment of Apex Court, Justice AK Goel held that there are allegation against accused in FIR which need to be dealt with during trial but quashing same by Hon’ble High Court is set aside.

Taramani Parakh vs State Of M.P. & Ors on 16 March, 2015

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Quash Order is Set Aside Taramani Parakh Vs State Of M.P. and Ors | Leave a comment

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