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Supreme Court of India 2017-01-03 allowed

Alka Bapu Gund vs Prakash Kanhaiyalal Kankaria and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The widow of a deceased person filed a private complaint against certain accused persons despite the Investigating Agency's final report concluding there was insufficient evidence. Seven witnesses were examined before cognisance was taken and process issued. The High Court, in quashing the cognisance order under Section 482 Cr.P.C., examined the probity of witness evidence as if conducting a trial. The Supreme Court held that this exceeded the High Court's jurisdiction. At the cognisance stage, the High Court cannot conduct a virtual trial or scrutinise evidence testimony—such examination is reserved for the trial stage. The appeal was allowed and the complaint proceedings were restored.

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Criminal Procedure Jurisdiction of High Court Cognisance Private Complaint Inherent Powers Section 482 CrPC

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