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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 decision to quash criminal proceedings against respondents for alleged forgery and preparation of false documents (IPC sections 420, 465, 467, 468, 471). The High Court had ruled the dispute was civil in nature, not criminal. The Supreme Court held that at the stage of issuing summons, courts must only assess whether a prima facie case exists—not evaluate the merits of allegations. Complaints cannot be quashed merely because allegations appear civil. The Court allowed the appeal, reinstating the process and holding that merit evaluation belongs at trial, not at the threshold stage of summoning.

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Criminal Procedure Forgery Criminal Cognizance Summoning of Accused Prima Facie Case Quashing of Criminal Complaints

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