To Quash FIR High Courts Must Exercise Inherent Powers with Utmost Caution

CRIMINAL PROCEDURE CODE, CRIMINAL CASES, Legal ArticlesLeave a comment

Facts of the case: Instant appeal arises out of final Judgment of High Court of Madras dated 21.04.2017, by which criminal proceedings and FIR against respondent under Section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act, 1988 for possessing assets disproportionate to known sources of income were quashed while exercising jurisdiction under Section…

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At charge framing stage only prima facie to be considered-Mini trial is not permissible: Supreme Court

JUDGEMENTS, CRIMINAL CASES, CRIMINAL PROCEDURE CODE2 Comments

In a case titled as State of Rajasthan v. Ashok Kumar Kashyap, Criminal Appeal No. 407 of 2021 (Arising from SLP (Criminal) No. 3194 of 2021) decided on : 13-04-2021, the Honourable Supreme Court of India has held that at the stage of considering framing of charge, only prima facie evidence is to be seen…