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january 2013

Supreme Court of India · 2013-01-23

C.P.Subhash vs Insp.Of Police Chennai & Ors

Citation / case number
AIR 2013 SC (CRIMINAL) 1720
Court
Supreme Court of India
Petitioner
C.P.Subhash
Respondent
Insp.Of Police Chennai & Ors
Author
T.S. Thakur
Bench
Gyan Sudha Misra, T.S. Thakur

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the FIR No.41/10 under Sections 468 and 471 IPC, stating that the allegations in the complaint, if taken at face value, could constitute an offence. The Court emphasized that the High Court should not interfere with an ongoing investigation unless compelling circumstances exist. It also clarified that Section 195 of the Cr.P.C. does not bar the initiation of proceedings based on the allegations made in the complaint, thus allowing the appeal and reinstating the FIR for further investigation.

C.P.Subhash vs Insp.Of Police Chennai & Ors · Niyam