HC Can’t Refuse Quashing of Proceedings Merely on the Ground That Trial has Already Begun: SC [Read Order]
The Supreme Court recently set aside a Madras High Court order that refused to entertain a plea seeking quashing of charge sheet on the ground that the trial has already begun and prosecution witness has been examined.A lady, in a complaint against husband and relatives alleging demand of dowry, had implicated her sister-in-law and her husband. The Supreme Court recently set aside a Madras High Court order that refused to entertain a plea seeking quashing of charge sheet on the ground that the trial has already begun and prosecution witness has been examined. The Madurai bench of the high court dismissed the plea observing that it ‘will not interfere, when the trial in the case has commenced.’ On appeal before the apex court, the bench of Justice AK Sikri and Justice Ashok Bhushan observed that even in the charge sheet submitted by the Investigating Officer, she has very categorically stated that insofar as thr sister-in-law and her husband are concerned, they were living in foreign country. “In spite thereof, the Investigating officer filed charge sheet against all the persons including the appellants, mechanically and without application of mind,” the bench said quashing the charge sheet as against them.
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