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march 1960

Supreme Court of India · 1960-03-25

R. P. KAPUR vs THE STATE OF PUNJAB

Citation / case number
SC 1959/72
Court
Supreme Court of India
Petitioner
R. P. KAPUR
Respondent
THE STATE OF PUNJAB
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the inherent power of the High Court under Section 561-A of the Code of Criminal Procedure, 1898, can be exercised to quash proceedings only in specific circumstances, such as legal bars to proceedings or when allegations do not constitute an offence. The Court clarified that it cannot assess the reliability of evidence at this stage. In this case, the High Court's dismissal of the petition for quashing was upheld as there was no legal bar to the proceedings and the allegations made did constitute the offences alleged.

R. P. KAPUR vs THE STATE OF PUNJAB · Niyam