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Supreme Court of India 2019-02-12 allowed

Sau. Kamal Shivaji Pokarnekar vs State of Maharashtra & Ors

Bench: 2 — L. Nageswara Rao

In Brief

The appellant challenged the High Court's order quashing criminal process issued against the respondents for alleged forgery and preparing false documents under the IPC. The High Court had quashed the process, holding the dispute was civil in nature. The Supreme Court held that at the stage of summoning, the Magistrate need only determine if a prima facie case is disclosed—not evaluate the merits of allegations. The Court ruled that criminal complaints cannot be quashed merely because the allegations appear civil in nature, provided the statutory offence ingredients are prima facie established. The appeal was allowed and the High Court's judgment set aside, reinstating the criminal proceedings.

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Criminal Law Abuse of Process Forgery and False Documents Prima Facie Case Summoning of Accused Civil vs. Criminal Nature

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