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2019 (4) TMI 1876 - SC - Indian LawsJurisdiction - power of High Court to quash the complaint - whether the High Court was justified in quashing the complaint filed by the appellant (complainant) against respondent No. 2 holding that there was no prima facie case made out against respondent No. 2 for issuance of the process of the summons to him for commission of the offences punishable under Sections 323, 341, 379 and 504 IPC? - HELD THAT:- The High Court was not justified in quashing the aforementioned complaint filed by the appellant herein against respondent No. 2. It should have been tried on merits in accordance with law. The High Court quashed the complaint essentially on two grounds; First, no sanction under Section 197 of the Cr.P.C was obtained by the prosecution for filing the complaint against respondent No. 2 and the second, there are contradictions in the statement of the complainant and the witnesses - both the grounds, which found favour with the High Court for quashing the complaint, are not well founded and hence legally unsustainable. The complaint is restored to its original file for being proceeded with on merits in accordance with law - appeal allowed.
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