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september 2000

Supreme Court of India · 2000-09-22

Mr.K.Ramakrishna & Ors vs State Of Bihar & Anr

Citation / case number
AIR 2000 SUPREME COURT 3330
Court
Supreme Court of India
Petitioner
Mr.K.Ramakrishna & Ors
Respondent
State Of Bihar & Anr
Bench
D.P. Mohapatra, R.P. Sethi

Judgment text excerpt

The Supreme Court held that under Section 239 of the Code of Criminal Procedure, a Magistrate must discharge an accused if no case is made out against them based on the FIR and accompanying documents. The Court emphasized that the High Court's inherent powers under Section 482 can be invoked to quash proceedings if the allegations do not constitute an offence. The Court upheld the High Court's decision to reject the appellants' plea for quashing the charges, affirming that the possibility of their involvement in a criminal conspiracy could not be ruled out based on the evidence presented.

Mr.K.Ramakrishna & Ors vs State Of Bihar & Anr · Niyam