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competition

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MGSCTI MORENA SHORTHAND AND CPCT ADDMISION OPEN MOB-7470639002 (MP HIGH COURT AG-3 ENGLISH TYPING DIC 07/12/2018)

created Dec 7th 2018, 03:43 by sonam kirar


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400 words
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Recently, this Court again had an occasion to examine the ambit and scope of Section 482, Cr. P.C. in Rukmini Narvekar Vijaya Satardekar, 14 SCC 1, wherein in the main order it was observed that the width of the powers of the High Court under Section 482, Cr. P.C. and under Article 226 of the Constitution of India, was unlimited. In the said judgment, this Court held that the High Court could make such orders as may be necessary to prevent abuse of the process of any court, or otherwise to secure the ends of justice. In a concurring separate order passed in the same case,  it was additionally observed that under Section 482, Cr. P.C. the High Court was free to consider even material that may be produced on behalf of the accused, to arrive at a decision whether the charge as framed could be maintained. ?The aforesaid parameters shall be kept in mind while we examine whether the High Court ought to have exercised its inherent jurisdiction under Section 482, Cr, P.C. in the facts and circumstances of this case. The High Court , in exercise of its jurisdiction under Section 482, Cr. P.C. must make a just and rightful choice. This is not a stage of evaluating the truthfulness or otherwise of the allegations levelled by the prosecution/complainant against the accused. Likewise, it is not a stage for determining how weighty the defences raised on behalf of the accused are. Even if the accused is successful in showing some suspicion or doubt, in the allegations levelled by the prosecution/complainant, it would be impermissible to discharge the accused before trial. This is so because it would result in giving finality to the accusations levelled by the prosecution/complainant, without allowing the prosecution or the complainant to adduce evidence to substantiate the same, The converse is, however, not true, because even if trial is proceeded with, the accused is not subjected to any irreparable consequences. The accused would still be in a position to succeed by establishing his defences by producing evidence in accordance with law. There is an endless list of judgments rendered by this Court declaring the legal position that in a case where the prosecution/complainant has levelled allegations bringing out all ingredients of the charge levelled, and have placed material before the court, prima facie evidencing the truthfulness of the allegations levelled, trial must be held.  

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