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2017 (1) TMI 1829

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..... - 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 witne .....

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..... DER 1. Leave granted. We have heard the learned Counsel for the Appellant. None has appeared on behalf of the Respondents despite due service of notice. 2. The challenge in this appeal is against the order of the High Court dated 24th December, 2014 by which the process issued against the accused Respondents on the private complaint filed by the wife of the deceased Bapu Nivrutti Gund has been int .....

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..... he 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. 5. Having regard to the settled principles of law, we do not consider the approach of the High Court 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 .....

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