Seeking quashing of complaint and prosecution proceedings - The ...

Court to Decide if Complaint Shows Prima Facie Offences; Allegations Validity Assessed at Trial, Not Early Dismissal.

July 6, 2022

Case Laws Companies Law HC

Seeking quashing of complaint and prosecution proceedings - The Court has to consider whether complaint discloses any prima facie offences that were alleged against the respondents. Correctness or otherwise of the said allegations has to be decided only during trial. At the initial stage of issuance of process, it was not open to Courts to stifle proceedings by entering into merits of the contentions made on behalf of the accused. Criminal complaints could not be quashed only on the ground that, allegations made therein appear to be of a civil nature. If ingredients of offence alleged against Accused were prima facie made out in complaint, criminal proceeding shall not be interdicted. - HC

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Seeking quashing of complaint and prosecution proceedings - The ...

Court to Decide if Complaint Shows Prima Facie Offences; Allegations Validity Assessed at Trial, Not Early Dismissal.

July 6, 2022

Case Laws Companies Law HC

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