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december 2024

Supreme Court of India · 2024-12-13

Om Prakash Yadav vs Niranjan Kumar Upadhyay

Citation / case number
2024 INSC 979
Court
Supreme Court of India
Petitioner
Om Prakash Yadav
Respondent
Niranjan Kumar Upadhyay

Judgment text excerpt

The Supreme Court held that the High Court's quashing of proceedings under Sections 147, 148, 149, 307, 302, 201, and 120-B IPC was erroneous as it failed to consider the gravity of the allegations and the evidence presented. The Court emphasized that the power under Section 482 CrPC should be exercised sparingly and only in exceptional cases where no prima facie case exists. The Court reinstated the proceedings against the accused, thereby allowing the appeals and setting aside the High Court's order.

Om Prakash Yadav vs Niranjan Kumar Upadhyay · Niyam