The Supreme Court in a recent case held that it is improper to quash criminal proceedings under Section 482 of the CrPC when there are triable issues in the complaint. A cantena of judgments have also upheld this principle time and again.
In a similar set of facts and circumstances, in the instant case, the petition to quash the criminal proceeding was prima facie dismissed by the Hon’ble Madras High Court on the ground that the case consists of disputed facts which can only be decided by way of letting in evidence and trial. It further added that since the trial in the instant case was already over and pending for arguments, the petitioner may raise all defences before the trial Court.
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Assisted by: Adv. Naren Gautam (Associate SBA)
