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Supreme Court of India 2016-04-12 allowed

Amanullah & Anr vs State of Bihar & Ors

Bench: 2 — V. Gopala Gowda

In Brief

This appeal challenges the High Court's order quashing criminal proceedings in a murder case. The deceased was found in a field with her mouth and nose tied; her husband Mukhtar had lodged an FIR against others. The High Court quashed the case against respondent Nos. 2-9 under Section 482 CrPC. The Supreme Court held that the appellants, as interested private parties having a bona fide connection, had locus standi to appeal. The Court found the High Court exceeded its jurisdiction: at the cognizance stage, the court need only determine if a prima facie case exists, not conduct a merits inquiry. Witness statements supported the case against the accused; murder cases deserve protection from casual interference. The appeal was allowed and the matter remitted to the trial court.

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Criminal Appeal Locus Standi Criminal Procedure Inherent Powers Quashing of Criminal Proceedings Murder Constitutional Law

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