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CRIMINAL COMPLAINTS CANNOT BE QUASHED MERELY BECAUSE ALLEGATIONS APPEAR TO BE OF A CIVIL NATURE

There were a lot of clashes in the opinion when talks concerning the validity of criminal complaints were raising. This is only when the allegations look as if of civil kind. Many debates were coming up especially after the Supreme Court’s verdict on the Kamal Shivaji Pokarnekar V. State of Maharashtra case, which concluded that the civil aspect of an offense cannot be considered as the basis of quashing the complaint.

Kamal Shivaji Pokarnekar V. State of Maharashtra

Under the given case, the aggrieved party had blamed the developers of counterfeiting. They also prepared fake documents which acted as the foundation of a development contract. The prosecution of allegations against the suspect party was happening under Section 420, 465, 467, 471 & 468 of IPC (Indian Penal Code). After the magistrate held the case under police investigation, the investigation concluded the offense of civil kind.

The prestigious Trial Court ordered summon against the accused party. And in response to that, the accused party filed a Writ Petition in the High Court. After analyzing the investigation reports and evidence, the court quashed the case. This was taking place only after considering the offense as a civil offense. Under Section 482 of the Code of Criminal Procedure, 1973 the proceeding was done. High Court gave a clarification that the offense was proving to be of the civil nature. Hence, holding the accused party guilty would be against the provisions of the law.

The Final Judgment

On the plea of the complainant, the case found its conclusion at Hon’ble SC after its forwarding. However, on the basis of wrong interpretation of the facts and situations, the case saw its scrapping by the High Court. However, on the grounds of the offense being civil in nature, a case cannot be scrap.

 The final judgment indicated that:

  • The only requirement for the Hon’ble HC at the platform of taking awareness is an evaluation. Whether a prima facie case has been made against the accused is debatable. The High Court doesn’t need to evaluate the consequence, merits or de-merits generated out of the evidence.
  • The allegations are of repressible nature for the High Court only if the allegations do not amount to an offense. Further, the judgment induced clarification stating that ‘meticulous analysis’ regarding the evaluation of conviction is not required at the pre-trial stage. If the essentials of an offense are mentionable on the reading of the complaint, the Hon’ble HC will have no right to object.
  • The Court stated that when the issuance of the complaint discloses the alleged offense against the accused on the prima facie basis, then the authenticity of the complaint can be concluded only in the Trial. The Courts are not to indulge in the merits and demerits of the disputations on the side of the accused.
  • Concluding the case, the Supreme Court clarifies that complaints or allegations are not repressible or invalid on the basis of the offense being of civil nature. When the dimensions of the offense suspected against the alleged are the prima-facie in the written grievance, the illegitimate proceeding will not be prescribed.

Post Author: Legalesolutio

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  141. That is a very good tip especially to those fresh to the blogosphere. Brief but very accurate information… Thank you for sharing this one. A must read post!

  142. I’m amazed, I must say. Seldom do I come across a blog that’s both educative and entertaining, and let me tell you, you have hit the nail on the head. The problem is something that not enough people are speaking intelligently about. Now i’m very happy that I found this during my search for something regarding this.

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  144. MetroClick specializes in building completely interactive products like Photo Booth for rental or sale, Touch Screen Kiosks, Large Touch Screen Displays , Monitors, Digital Signages and experiences. With our own hardware production facility and in-house software development teams, we are able to achieve the highest level of customization and versatility for Photo Booths, Touch Screen Kiosks, Touch Screen Monitors and Digital Signage. Visit MetroClick in NYC at http://www.metroclick.com/ or , 121 Varick St, New York, NY 10013, +1 646-843-0888.

  145. An interesting discussion is worth comment. There’s no doubt that that you need to write more about this subject, it might not be a taboo subject but usually people don’t discuss such issues. To the next! Many thanks!!

  146. When I originally commented I seem to have clicked the -Notify me when new comments are added- checkbox and now whenever a comment is added I get four emails with the exact same comment. Is there a means you are able to remove me from that service? Appreciate it!

  147. May I simply say what a relief to uncover somebody that truly understands what they are talking about on the net. You actually realize how to bring a problem to light and make it important. More and more people really need to read this and understand this side of your story. I was surprised you’re not more popular given that you most certainly possess the gift.

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  172. An intriguing discussion is worth comment. I believe that you ought to publish more on this issue, it might not be a taboo subject but generally people don’t discuss these topics. To the next! Many thanks!!

  173. You made some good points there. I checked on the net to learn more about the issue and found most people will go along with your views on this web site.

  174. I seriously love your site.. Pleasant colors & theme. Did you create this website yourself? Please reply back as I’m looking to create my own personal blog and want to learn where you got this from or just what the theme is named. Thanks!

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  176. An outstanding share! I have just forwarded this onto a co-worker who had been conducting a little research on this. And he in fact bought me dinner due to the fact that I found it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanx for spending the time to talk about this subject here on your internet site.

  177. Aw, this was an incredibly good post. Taking a few minutes and actual effort to create a great article… but what can I say… I put things off a whole lot and never seem to get anything done.

  178. An intriguing discussion is worth comment. There’s no doubt that that you should write more on this subject matter, it may not be a taboo matter but typically folks don’t discuss such issues. To the next! All the best.

  179. I’m amazed, I have to admit. Seldom do I encounter a blog that’s equally educative and entertaining, and without a doubt, you have hit the nail on the head. The problem is something that too few folks are speaking intelligently about. Now i’m very happy that I came across this in my hunt for something regarding this.

  180. May I simply just say what a comfort to find a person that really knows what they are talking about on the net. You certainly know how to bring an issue to light and make it important. A lot more people should check this out and understand this side of your story. It’s surprising you’re not more popular since you definitely have the gift.

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  182. Can I just say what a relief to uncover someone that truly understands what they’re talking about on the net. You actually realize how to bring an issue to light and make it important. More people have to read this and understand this side of your story. I can’t believe you are not more popular given that you definitely possess the gift.

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  184. I’m amazed, I must say. Rarely do I encounter a blog that’s both equally educative and entertaining, and let me tell you, you have hit the nail on the head. The problem is something which too few folks are speaking intelligently about. Now i’m very happy I found this during my hunt for something concerning this.

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  186. I’m impressed, I have to admit. Seldom do I encounter a blog that’s both equally educative and entertaining, and without a doubt, you have hit the nail on the head. The issue is an issue that not enough people are speaking intelligently about. I am very happy that I found this during my hunt for something regarding this.

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  189. You’re so interesting! I don’t suppose I’ve truly read something like this before. So good to find another person with some unique thoughts on this topic. Really.. thanks for starting this up. This web site is something that’s needed on the web, someone with some originality!

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  191. I really love your website.. Excellent colors & theme. Did you build this website yourself? Please reply back as I’m looking to create my own personal site and would like to know where you got this from or just what the theme is named. Appreciate it!

  192. I blog frequently and I genuinely thank you for your information. The article has really peaked my interest. I am going to book mark your blog and keep checking for new information about once per week. I opted in for your RSS feed too.

  193. A fascinating discussion is worth comment. I do think that you should publish more about this issue, it may not be a taboo matter but typically people don’t speak about such subjects. To the next! All the best!!

  194. You made some good points there. I checked on the web to learn more about the issue and found most individuals will go along with your views on this web site.

  195. I want to to thank you for this wonderful read!! I definitely loved every bit of it. I have got you saved as a favorite to check out new stuff you post…

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  199. I blog often and I genuinely appreciate your information. This article has really peaked my interest. I will book mark your site and keep checking for new information about once per week. I subscribed to your RSS feed too.

  200. I have to thank you for the efforts you’ve put in writing this site. I’m hoping to view the same high-grade blog posts from you later on as well. In fact, your creative writing abilities has inspired me to get my very own site now 😉

  201. Hello, There’s no doubt that your site could be having browser compatibility problems. When I look at your web site in Safari, it looks fine however when opening in IE, it has some overlapping issues. I merely wanted to give you a quick heads up! Other than that, great website!

  202. Can I simply just say what a relief to find an individual who genuinely knows what they are discussing on the web. You definitely realize how to bring a problem to light and make it important. More people should check this out and understand this side of the story. I was surprised that you’re not more popular given that you surely possess the gift.

  203. I’m impressed, I have to admit. Rarely do I come across a blog that’s both educative and engaging, and without a doubt, you have hit the nail on the head. The issue is an issue that not enough people are speaking intelligently about. I am very happy I came across this in my hunt for something regarding this.

  204. Howdy! This article could not be written any better! Going through this post reminds me of my previous roommate! He continually kept preaching about this. I am going to send this article to him. Fairly certain he’s going to have a good read. Thank you for sharing!

  205. Next time I read a blog, I hope that it does not disappoint me as much as this particular one. I mean, Yes, it was my choice to read through, nonetheless I actually thought you’d have something useful to say. All I hear is a bunch of moaning about something that you could fix if you weren’t too busy looking for attention.

  206. Having read this I thought it was very informative. I appreciate you taking the time and effort to put this informative article together. I once again find myself personally spending a significant amount of time both reading and commenting. But so what, it was still worth it!

  207. This is the right web site for anybody who would like to understand this topic. You realize so much its almost hard to argue with you (not that I really will need to…HaHa). You definitely put a brand new spin on a subject that’s been discussed for many years. Excellent stuff, just excellent!

  208. Right here is the perfect web site for anyone who hopes to find out about this topic. You realize a whole lot its almost tough to argue with you (not that I actually would want to…HaHa). You certainly put a brand new spin on a subject which has been discussed for a long time. Great stuff, just excellent!

  209. I’m impressed, I have to admit. Seldom do I encounter a blog that’s both educative and engaging, and let me tell you, you have hit the nail on the head. The problem is something that not enough men and women are speaking intelligently about. I am very happy that I stumbled across this during my search for something regarding this.

  210. This is the perfect webpage for everyone who would like to understand this topic. You realize a whole lot its almost hard to argue with you (not that I really will need to…HaHa). You definitely put a new spin on a subject that’s been discussed for a long time. Wonderful stuff, just great!

  211. You are so cool! I don’t think I have read anything like that before. So nice to find somebody with original thoughts on this subject. Really.. many thanks for starting this up. This website is something that’s needed on the web, someone with a little originality!

  212. I blog often and I seriously thank you for your information. The article has truly peaked my interest. I am going to book mark your site and keep checking for new information about once per week. I opted in for your RSS feed as well.

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  215. Howdy! I could have sworn I’ve been to your blog before but after looking at many of the posts I realized it’s new to me. Anyways, I’m definitely pleased I came across it and I’ll be bookmarking it and checking back often!

  216. Nice post. I learn something totally new and challenging on blogs I stumbleupon on a daily basis. It will always be interesting to read content from other writers and use a little something from their web sites.

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  218. You’re so interesting! I do not suppose I’ve read through anything like that before. So good to discover somebody with original thoughts on this subject. Really.. thank you for starting this up. This web site is one thing that is needed on the web, someone with a little originality!

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  222. After I originally left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and from now on each time a comment is added I recieve 4 emails with the same comment. There has to be a means you can remove me from that service? Thanks a lot!

  223. An impressive share! I have just forwarded this onto a friend who has been conducting a little research on this. And he actually bought me lunch simply because I found it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending time to discuss this issue here on your web site.

  224. May I just say what a comfort to uncover a person that actually knows what they’re discussing on the web. You certainly understand how to bring an issue to light and make it important. A lot more people must look at this and understand this side of the story. It’s surprising you’re not more popular since you surely possess the gift.

  225. Hi there! This article couldn’t be written any better! Looking through this post reminds me of my previous roommate! He always kept preaching about this. I am going to forward this information to him. Fairly certain he’ll have a good read. Thanks for sharing!

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  228. Hi, I do think this is a great site. I stumbledupon it 😉 I’m going to return yet again since I bookmarked it. Money and freedom is the best way to change, may you be rich and continue to guide others.

  229. Can I just say what a relief to uncover somebody who actually knows what they’re talking about online. You certainly realize how to bring an issue to light and make it important. More and more people must check this out and understand this side of your story. It’s surprising you’re not more popular since you definitely possess the gift.

  230. I have to thank you for the efforts you’ve put in writing this blog. I am hoping to check out the same high-grade blog posts from you in the future as well. In truth, your creative writing abilities has inspired me to get my very own website now 😉

  231. A motivating discussion is worth comment. I believe that you need to write more on this topic, it might not be a taboo matter but usually people don’t speak about such topics. To the next! Best wishes!!

  232. I needed to thank you for this great read!! I absolutely enjoyed every little bit of it. I’ve got you book marked to look at new things you post…

  233. Hello! I could have sworn I’ve been to this web site before but after going through some of the posts I realized it’s new to me. Regardless, I’m definitely happy I discovered it and I’ll be book-marking it and checking back often!

  234. This is a really good tip particularly to those new to the blogosphere. Brief but very accurate info… Thanks for sharing this one. A must read article!

  235. When I originally left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive four emails with the same comment. Is there an easy method you are able to remove me from that service? Many thanks!

  236. Aw, this was an exceptionally good post. Taking the time and actual effort to produce a very good article… but what can I say… I procrastinate a lot and never seem to get nearly anything done.

  237. Right here is the right web site for anybody who really wants to find out about this topic. You know so much its almost tough to argue with you (not that I actually will need to…HaHa). You definitely put a fresh spin on a subject that’s been written about for years. Wonderful stuff, just wonderful!

  238. You are so cool! I do not think I have read something like that before. So wonderful to discover another person with some unique thoughts on this subject matter. Really.. many thanks for starting this up. This web site is something that is required on the web, someone with a little originality!

  239. An intriguing discussion is worth comment. I do believe that you ought to write more about this subject matter, it may not be a taboo subject but typically people do not talk about these subjects. To the next! Best wishes!!

  240. I needed to thank you for this excellent read!! I absolutely enjoyed every bit of it. I have you saved as a favorite to check out new stuff you post…

  241. Aw, this was a very nice post. Taking a few minutes and actual effort to generate a good article… but what can I say… I procrastinate a whole lot and don’t manage to get nearly anything done.

  242. I truly love your site.. Excellent colors & theme. Did you create this web site yourself? Please reply back as I’m wanting to create my own personal website and want to know where you got this from or what the theme is called. Appreciate it!

  243. Having read this I believed it was really enlightening. I appreciate you taking the time and effort to put this short article together. I once again find myself personally spending a significant amount of time both reading and posting comments. But so what, it was still worth it!

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  245. The very next time I read a blog, Hopefully it doesn’t fail me as much as this particular one. After all, I know it was my choice to read through, but I genuinely thought you’d have something interesting to talk about. All I hear is a bunch of moaning about something you can fix if you weren’t too busy searching for attention.

  246. Right here is the right web site for anyone who wants to understand this topic. You realize so much its almost hard to argue with you (not that I actually will need to…HaHa). You certainly put a brand new spin on a topic that’s been written about for a long time. Excellent stuff, just great!

  247. Hello! I could have sworn I’ve been to this web site before but after going through some of the articles I realized it’s new to me. Anyways, I’m definitely happy I discovered it and I’ll be bookmarking it and checking back often!

  248. Howdy! This post couldn’t be written any better! Going through this post reminds me of my previous roommate! He always kept talking about this. I’ll send this article to him. Pretty sure he will have a very good read. Thank you for sharing!

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  250. A motivating discussion is worth comment. I believe that you should write more about this subject, it may not be a taboo subject but usually folks don’t talk about such subjects. To the next! All the best!!

  251. I want to to thank you for this good read!! I definitely enjoyed every little bit of it. I have got you book-marked to look at new things you post…

  252. After exploring a few of the blog posts on your site, I really like your way of writing a blog. I bookmarked it to my bookmark webpage list and will be checking back soon. Take a look at my web site as well and tell me your opinion.

  253. Can I simply just say what a comfort to find somebody who genuinely knows what they are discussing online. You definitely understand how to bring a problem to light and make it important. More and more people ought to check this out and understand this side of your story. I was surprised that you aren’t more popular because you most certainly possess the gift.

  254. Spot on with this write-up, I truly feel this web site needs a lot more attention. I’ll probably be back again to see more, thanks for the info!

  255. Hi, I believe your website may be having browser compatibility issues. When I look at your web site in Safari, it looks fine however, if opening in Internet Explorer, it has some overlapping issues. I merely wanted to give you a quick heads up! Aside from that, wonderful website!

  256. I’m very pleased to uncover this web site. I need to to thank you for ones time for this particularly fantastic read!! I definitely loved every bit of it and I have you bookmarked to see new information in your site.

  257. I was more than happy to find this great site. I want to to thank you for your time due to this wonderful read!! I definitely enjoyed every little bit of it and i also have you book-marked to see new stuff on your blog.

  258. When I initially commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive 4 emails with the exact same comment. There has to be a way you can remove me from that service? Cheers!

  259. You’re so awesome! I don’t believe I’ve truly read through a single thing like this before. So good to discover another person with some original thoughts on this issue. Really.. many thanks for starting this up. This web site is something that’s needed on the internet, someone with some originality!

  260. Can I simply say what a comfort to uncover somebody who actually understands what they’re talking about over the internet. You actually know how to bring a problem to light and make it important. More people really need to look at this and understand this side of the story. I was surprised you’re not more popular because you certainly have the gift.

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