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february 2005

Supreme Court of India · 2005-02-22

BALKAR SINGH vs JAGDISH KUMAR .

Citation / case number
SC 2002/1818
Court
Supreme Court of India
Petitioner
BALKAR SINGH
Respondent
JAGDISH KUMAR .
Author
SANTOSH HEGDE
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 based on a government decision to withdraw the complaint. The Court held that the High Court erred in quashing the FIR without considering the appellant's right to prosecute, as the withdrawal under Section 321 of the Code of Criminal Procedure does not automatically negate the complainant's interest. The Court reinstated the FIR and allowed the appellant to pursue the case, emphasizing the importance of the complainant's role in criminal proceedings.

BALKAR SINGH vs JAGDISH KUMAR . · Niyam