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STATE OF RAJASTHAN Vs. FATEHKARAN MEHDU
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Showing posts with label
STATE OF RAJASTHAN Vs. FATEHKARAN MEHDU
.
Show all posts
Saturday, February 4, 2017
Quashing of a charge is an exception to the rule of continuous prosecution. Where the offence is even broadly satisfied, the Court should be more inclined to permit continuation of prosecution rather than its quashing at that initial stage. The Court is not expected to marshal the records with a view to decide admissibility and reliability of the documents or records but is an opinion formed prima facie.” 30. Applying the above tests, we are of the considered opinion that High Court erred in quashing the charges framed by the order dated 05.05.2009. In result, both the appeals are allowed. The order of the High Court is set aside and the order dated 05.05.2009 is restored.
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