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september 2012

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.

OM PRAKASH vs STATE OF JHARKHAND · Niyam