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1988 (10) TMI 260 - SC - Indian Laws
Whether the allegations, set out in the complaint or the charge-sheet do not in law constitute or spell-out any offence and that resort to criminal proceedings would, in the circumstances, amount to an abuse of the process of the court or not?
Held that:- Appeal allowed. Orders of the High Court set aside and the order of the learned Magistrate taking cognizance of the offence and ordering issue of summons to the respondents is restored. The criminal case initiated on the complaint will now be proceeded with in accordance with law.