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Supreme Court of India 2021-08-24 allowed

Saranya vs Bharathi and another

Bench: 2 — M.R. Shah

In Brief

A widow (Saranya) appealed against the High Court's order quashing the criminal proceedings against her husband's alleged accomplice in a cheating and murder case. The accused had introduced a fraudster who gave poisoned prasad to the deceased, causing his death, after obtaining Rs. 5 lakhs in a fake government job scheme. The Supreme Court held the High Court erred by appreciating evidence on merits at the pre-trial stage. At the committal stage, courts must only assess prima facie material sufficient to 'presume' guilt, not predict conviction. Finding sufficient suspicion-raising material (confessions with recoveries, phone records, specific allegations), the Court quashed the High Court's judgment and restored proceedings for trial.

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Criminal Procedure Cheating Murder Abetment Quashing of Charges Section 482 CrPC Prima Facie Case Committal

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