Supreme Court of India · 2012-09-26
OM PRAKASH vs STATE OF JHARKHAND
- Citation / case number
- SC 2006/18953
- Court
- Supreme Court of India
- Petitioner
- OM PRAKASH
- Respondent
- STATE OF JHARKHAND
- Author
- RANJANA PRAKASH DESAI AFTAB ALAM
- Bench
- RANJANA PRAKASH DESAI AFTAB ALAM
Judgment text excerpt
The Supreme Court upheld the Jharkhand High Court's decision to quash the criminal proceedings initiated against police personnel under Section 482 of the Criminal Procedure Code. The Court emphasized that the High Court correctly found that the complaint regarding a fake encounter lacked sufficient evidence to proceed. The judgment clarified the application of Section 482, reinforcing the principle that courts can intervene to prevent abuse of process when no prima facie case exists against the accused.