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Supreme Court of India 2021-08-13 allowed

Kaptan Singh vs State of Uttar Pradesh and others

Bench: 2 — M.R. Shah

In Brief

Kaptan Singh, the original complainant and power-of-attorney holder, filed a complaint alleging that the respondents criminally breached trust regarding a property sale, assaulted him, and extorted property. The High Court quashed the entire criminal proceedings under Section 482 Cr.P.C., treating the dispute as purely civil. The Supreme Court held that the High Court erred by entering into the merits of the case and appreciating evidence when exercising its Section 482 powers. The Court emphasized that once investigation is complete, a chargesheet filed, and cognizance taken, quashing should occur only in exceptional circumstances. Here, serious triable issues remained—including a disputed joint notarized affidavit, payment of Rs. 25 lakhs, and alleged forgery (subject to a separate FIR)—which required trial, not preliminary determination. The appeal was allowed, and the criminal proceedings were restored for trial on their merits.

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Criminal Procedure Criminal Law Abuse of Process Inherent Powers Criminal Breach of Trust Extortion Grievous Hurt

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