1991 (4) TMI 365 - SUPREME COURT

Whether the accused committed the offence or has reason to believe to have committed the offence and the evidence available is sufficient to prove the offence and to submit his report to the competent Magistrate to take cognizance of the offence?

Whether the chargesheets are vitiated by the alleged mala fides on the part of either of the complainant R.K. Singh or the Investigating Officer G.N.Sharma?

Held that:- It cannot be considered that this court laid down as a preposition of law that in every case the court would examine at the preliminary stage whether there would be ultimate chances of conviction on the basis of allegation and exercise of the power under s.482 or Art. 226 to quash the proceedings or the charge-sheet. The learned Judges have committed gravest errors of law in quashing the F.I.R. and Charge-sheets. The appeals are allowed with no order as to costs.