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Supreme Court of India 2021-08-24 allowed

Saranya vs Bharathi and another

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

In Brief

A wife of a deceased man challenged a High Court order that had quashed criminal charges against a woman accused of abetment to murder and cheating. The woman had allegedly introduced another person who committed the crime by administering poison, and had demanded money promising a job. The Supreme Court held that at the stage of examining a Section 482 petition, courts must only assess whether prima facie material exists showing the accused likely committed the offence—not whether conviction is probable. Finding sufficient evidence (recovered money, call records, introduction of co-accused), the Court found the High Court erred by entering into merit-based appreciation. The appeal was allowed, directing the trial to proceed.

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Criminal Procedure Jurisdiction of High Court Section 482 CrPC Quashing of Chargesheet Abetment Prima Facie Case Charge Framing Criminal Conspiracy

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