498a squashed in hc or sc

Victor (Querist) 01 October 2011 This query is : Resolved
Has any one have the 498a squashed in AP HC or SC. Kindly provide.

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Raj Kumar Makkad (Expert) 01 October 2011
1992 AIR 604 1990( 3 )Suppl.SCR 259 1992( 1 )Suppl.SCC 335 1990( 2 )SCALE1066 1990( 4 )JT 650

“While exercising powers under Section 482 of the Cr. P.C. the Court has to keep in mind that it should not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. This is a function of the Trial Court. Though the judicial process should not be an instrument of oppression or needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 lest the Section becomes an instrument in the hands of accused persons to claim differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to an accused to short circuit a prosecution and bring about its sudden death. “

Here is the document that attempts to explain HC Quash Petitions (Section 482):

Understanding HC Quash Petitions: Section 482 Of CrPC

Shonee Kapoor (Expert) 01 October 2011
Minimum 1000 judgements from AP HC and SC.

On what facts you are looking the judgements.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Expert) 02 October 2011
come with clear points then only you can get proper relief & opinion

prabhakar singh (Expert) 02 October 2011
You are really victor ,no body can concur you.

Sailesh Kumar Shah (Expert) 02 October 2011
Shri Raj Kumar Makkad has provide case law.

vijayan (Expert) 02 October 2011
Our senior expert Mr Raj kumar makkad clarified and answered the query very well.Take it as a final opinion and act.

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