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.