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Supreme Court of India 2021-08-13 allowed

Kaptan Singh vs The State of Uttar Pradesh and others

Bench: 2 — Dhananjaya Y. Chandrachud, M. R. Shah

In Brief

Kaptan Singh, as power of attorney holder for property owner Munni Devi, filed a complaint against respondents for rioting, criminal intimidation, extortion, and criminal breach of trust related to a disputed property sale transaction. After investigation and charge-sheet, the High Court quashed the FIR under Section 482 Cr.P.C., holding the dispute was civil in nature and the complainant lacked standing. The Supreme Court reversed the High Court, holding that once investigation is complete and charge-sheet filed, the High Court cannot enter into merits or appreciate evidence at the quashing stage. Serious factual disputes—regarding payment, document genuineness, and property entrustment—are triable issues for the trial court. The power of attorney's existence, pleaded in the FIR and investigated, need not be produced at the High Court proceedings to establish locus standi. Appeal allowed; case remitted for trial.

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Criminal Procedure Inherent Powers Quashing of Proceedings Section 482 Cr.P.C. Criminal Intimidation Extortion Rioting Dacoity Evidence Burden of Proof

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