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.