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february 2005

Supreme Court of India · 2005-02-22

Balkar Singh vs Jagdish Kumar & Ors

Citation / case number
AIR 2005 SUPREME COURT 1567
Court
Supreme Court of India
Petitioner
Balkar Singh
Respondent
Jagdish Kumar & Ors
Bench
N. Santosh Hegde, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court addressed the legality of the High Court's quashing of FIR No. 26 under Sections 382, 353, 506, and 186 IPC, which was initiated against Jagdish Kumar and Rakesh Kumar. The Court held that the High Court erred in quashing the FIR based on the State's withdrawal of prosecution under Section 321 of the Code of Criminal Procedure, as the appellant had a right to oppose this withdrawal and seek personal prosecution. Consequently, the Supreme Court set aside the High Court's orders, allowing the FIR to stand and the prosecution to proceed.

Balkar Singh vs Jagdish Kumar & Ors · Niyam