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2017 (1) TMI 1829 - SC - Indian LawsInterference with the process issued against the accused Respondents on the private complaint filed by the wife of the deceased Bapu Nivrutti Gund - Probity of evidence - HELD THAT:- The High Court in the impugned judgment seems to have embarked on a virtual trial of the case though it was entertaining an application Under Section 482 Code of Criminal Procedure/Article 227 of the Constitution of India for quashing of the order taking cognizance and the complaint as a whole. The probity of the evidence tendered by the complainant's witnesses prior to issuance of process was even gone into by the High Court. Having regard to the settled principles of law, the approach of the High Court not considered to be correct in law. At the stage at which the case was poised for consideration, it was beyond the jurisdiction of the High Court to have embarked upon the exercise that was undertaken. As the same appears to be in clear excess of jurisdiction, the order of the High Court is set aside and it is directed that the complaint proceedings against the accused Respondents be continued from the stage where the same was interdicted. The order of High Court set aside - appeal allowed.
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