For Quashing U/S 482 Cr.P.C only are required to be considered consider the material/evidence collected during the investigation- SC
August 13, 2021
Code of Criminal Procedure, 1973 – S. 482 – Quashing of Criminal Proceedings – If the petition under Section 482 Cr.P.C. was at the stage of FIR in that case the allegations in the FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered. However, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the Court is required to consider the material/evidence collected during the investigation. Even at this stage also, the High Court is not required to go into the merits of the allegations and/or enter into the merits of the case as if the High Court is exercising the appellate jurisdiction and/or conducting the trial.
Kaptan Singh
VS
The State of Uttar Pradesh and others
