Defence’s Documents May Be Examined At Preliminary Stage, If Needed

Kunaldev Singh Rathor and others vs State of MP and another

Madhya Pradesh HC, Gwalior Bench

02/12/2016

Misc. Criminal Case No 2360/2014

About/from the judgment:

Defence’s Documents May Be Examined At Preliminary Stage, If Needed!

 

Relying on a previous Supreme Court judgment, [Rukmini Narvekar v. Vijaya Satardekar, (2008) 14 SCC 1], the court decided that the documents referred to by the husband and his parents with regard to vehicles owned by them could be looked into.

 

In the case at hand, as discussed above, the allegations are absurd and have been levelled to make the case more grave. Therefore, following the mandate of Hon’ble the Supreme Court, the powers under Section 482 CrPC are exercised for quashing the FIR to the extent it relates to the offences under Section 498-A and 294 of the IPC.

 

In this view of the matter, the present application under Section 482 CrPC is partly allowed. Accordingly, the FIR and the consequent proceedings so far as they relate to the offences punishable under Sections 498-A and 294 of the IPC are quashed. However, with regard to remaining offences, the proceedings shall continue.

Read the Judgment

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