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2018 (10) TMI 2030 - SUPREME COURTSeeking quashing of criminal proceeding under Sections 498-A, 323 IPC and 3/4 of the Dowry Prohibition Act - HELD THAT:- In the present case, on looking into the passport documents and immigration papers which have been brought on record before this Court by the accused-appellant. The said papers do indicate that on the date in question i.e. 27.08.2005 the accused-appellant was not in India. At no point of time either before the High Court or before this Court any dispute has been raised with regard to the said fact. The complainant had not made the appellant a party in the earlier complaint. In the subsequent FIR the grievance of the complainant is in respect of the incident alleged to have been taken place on 27.08.2005. When it is not in dispute that on the said date i.e. 27.08.2005 the accused appellant was not in India, the document(s) evidencing the said fact which are public documents can and should be looked into. Looking into the passport papers and the immigration records, we find that the prosecution, if allowed to stand, would be a futile exercise and that the present was an appropriate case where the High Court ought to have exercised its power under Section 482 of the Criminal Procedure Code. The order of the High Court is set aside and the impugned proceeding pending in the Court of Sub- Divisional Judicial Magistrate, Patna City, Khajekala arising from PS Case No.153/05 against the accused-appellant is quashed - appeal allowed.
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