Homi Rajvansh Vs. State of Maharashtra & Ors.
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Head Note
Indian Penal Code,1860 - Section 409 , Section 411 , Section 420 , Section 467 , Section 468 , Section 471 , Section 120-B , The Code of Criminal Procedure, 1973 - Section 482 , Constitution of India, 1950 - Article 226 , Article 227
It is necessary to consider as to whether the allegations in the complaint prima facie make out a case or not and the Court is not to scrutinize the allegations for the purpose of deciding whether such allegations are likely to be upheld in trial - Inherent powers under Section 482 of the Code, these powers are meant to do real and substantial justice, for the administration of which alone it exists or to prevent abuse of the process of the court - This Court, time and again, has observed that extraordinary power should be exercised sparingly and with great care and caution - It is imperative to exercise the same in order to prevent injustice.
Topic(s)-Quashing of Complaint – Set aside