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2008 (10) TMI 668 - SC - Indian LawsFalse misrepresentation - fraudulently and dishonestly induced the complainant and her deceased husband to place their signatures and thumb impression on some papers - Power of Attorney was used by the accused for executing a sale deed in favour of his wife Vijaya Satardekar (Respondent Nos. 2) - it was contended that High Court should not have relied on the evidence in the Civil Suit for the purpose of quashing the criminal case - HELD THAT:- It cannot be said as an absolute proposition that under no circumstances can the Court look into the material produced by the defence at the time of framing of the charges, though this should be done in very rare cases, i.e. where the defence produces some material which convincingly demonstrates that the whole prosecution case is totally absurd or totally concocted. We agree with Shri Lalit that in some very rare cases the Court is justified in looking into the material produced by the defence at the time of framing of the charges, if such material convincingly establishes that the whole prosecution version is totally absurd, preposterous or concocted. However, in this case it cannot be said that the evidence in the Civil Suit which was produced by the defence before the trial court established convincingly that the prosecution case is totally absurd or preposterous. In our opinion this is a matter which has to be looked into by the trial Court. In DR. MONICA KUMAR & ANR VERSUS STATE OF U.P. & ORS [2008 (5) TMI 687 - SUPREME COURT] this Court referred to various decisions on the point of quashing the criminal proceedings against the accused. In this decision this Court quashed the criminal proceedings against the accused, though on the allegations in the F.I.R. prima facie an offence was made out. Thus quashing of the criminal case was done considering all the facts and circumstances of the case. No doubt, in this decision the Court has relied on Article 142 of the Constitution, but in our opinion the result would have been the same irrespective of Article 142. The judgment of the High Court in respect of Ranjit Sataredkar set aside - it is directed that the criminal proceedings against him will go on in the trial Court - appeal allowed.
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