TMI Blog2019 (4) TMI 1876X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. - CRIMINAL APPEAL No.579 OF 2019 (Arising out of S.L.P.(Crl.) No.21 of 2018) - - - Dated:- 2-4-2019 - Abhay Manohar Sapre And Dinesh Maheshwari, JJ. JUDGMENT Abhay Manohar Sapre, 1. Leave gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on merits in accordance with law. 6. In other words, we are of the view 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. 7. 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. 8. In our view, both the grounds, which found favour with the High Court for quashing the complaint, are not well founded and hence legally unsustainable. 9. So far as the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings. 13. In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law. 14. We, however, make it clear that we have not set out the facts of the case in detail and nor have recorded any finding on facts either way else it would have caused prejudice to the parties in the trial. 15. The Magistrate will proceed with the complaint and decide the same strictly in accordance with law on merits without being influenced by any observations made by the High Court in the impugned order and in this order. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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