Published on: November 14, 2023 at 12:47 IST
Court: Supreme Court of India
Citation: Madhavrao Jiwajirao Scindia V. Sambhajirao Chandrojirao (1988)
Honourable Supreme Court of India has held that it is a well settled proposition of law that unjustified criminal prosecution must be vitiated which is on account of malafides. The Criminal Courts must satisfy before quashing that whether the uncontroverted allegations as made prima facie establish the offence.
7. The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue.
This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage.”
Drafted By Abhijit Mishra
