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july 2022

Supreme Court of India · 2022-07-11

THE STATE OF UTTAR PRADESH vs AKHIL SHARDA

Citation / case number
SC 2020/22574
Court
Supreme Court of India
Petitioner
THE STATE OF UTTAR PRADESH
Respondent
AKHIL SHARDA
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court overturned the High Court's decision to quash criminal proceedings against the respondents under Section 406 of the IPC. The Court emphasized that the High Court's exercise of power under Section 482 Cr.P.C. was inappropriate as the allegations warranted further investigation. The judgment reinforces the principle that quashing of FIRs should be done sparingly and only in exceptional cases where no prima facie case exists.

THE STATE OF UTTAR PRADESH vs AKHIL SHARDA · Niyam