Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2019

Supreme Court of India · 2019-02-12

Sau. Kamal Shivaji Pokarnekar vs The State Of Maharashtra

Citation / case number
AIR 2019 SUPREME COURT 847
Court
Supreme Court of India
Petitioner
Sau. Kamal Shivaji Pokarnekar
Respondent
The State Of Maharashtra
Author
L. Nageswara Rao
Bench
Chief Justice, L. Nageswara Rao, Sanjiv Khanna

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the criminal proceedings initiated under Sections 420, 465, 467, 468, 471 read with Section 34 IPC, stating that the Magistrate's role is to determine if a prima facie case exists without evaluating the merits of the evidence. The Court emphasized that quashing is only justified if the complaint does not disclose any offence or is frivolous. The appeal was allowed, reinstating the Trial Court's order to issue process against the Respondents.

Sau. Kamal Shivaji Pokarnekar vs The State Of Maharashtra · Niyam