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2009 (10) TMI 657 - SC - Indian LawsWhether the appellant could be said to have committed the offence of forgery, cheating, etc., which are being alleged against her on the basis of which she is facing the prosecution? Held that:- Allow the appeal. We expected some explanation and some justification for the arrest as well as for the subsequent investigation of the non-existing crimes. Obviously the whole affidavit, which we have seen very closely, is silent. Again reliance has been made on the earlier Transfer Petitions by this Police Officer also which is totally irrelevant for the present controversy. He has not explained as to how he viewed the same as an offence of forgery, cheating, etc., and for that matter how dishonest intention was deduced by him. Thus this prosecution is nothing but an abuse of the process of law and therefore set aside the impugned judgment and quash the Prosecution Case No.3045 of 2004 pending in the court of Chief Judicial Magistrate, Rampur.
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