Supreme Court of India · 1998-08-05
AVINDERVIR SINGH vs STATE OF PUNJAB
- Citation / case number
- SC 1997/17813
- Court
- Supreme Court of India
- Petitioner
- AVINDERVIR SINGH
- Respondent
- STATE OF PUNJAB
- Author
- Nanavati
- Bench
- G.T. NANAVATI,S.P. KURDUKAR,SYED SHAH MOHAMMED QUADRI
Judgment text excerpt
The Supreme Court addressed an appeal against the Punjab and Haryana High Court's dismissal of an application under Section 482 of the Code of Criminal Procedure, seeking to quash criminal proceedings initiated by the C.B.I. The Court held that the High Court's reasoning, which suggested that the appellant's intention was to delay proceedings and that no formal complaint under Section 195(1)(b) was necessary, was flawed. The Court emphasized that the appellant could raise the argument regarding the absence of an offence at the charge framing stage, thereby upholding the High Court's decision to allow the proceedings to continue.