High Court cannot place reliance on “draft chargesheet” to quash criminal proceedings under Section 482 CrPC: Supreme Court

The High Court while exercising Section 482 powers cannot test the veracity of the allegations or proceed in the manner that a judge conducting a trial would, on the basis of the evidence, the Supreme Court reiterated.
Justices DY Chandrachud and BV Nagarathna
Justices DY Chandrachud and BV Nagarathna
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The Supreme Court has held that a High Court cannot place reliance on a “draft chargesheet” which is yet to be placed before the Magistrate, to quash the criminal proceedings in exercise of its powers under Section 482 of the Code of Criminal Procedure (CrPC) [Jitul Jentilal Kotecha vs State of Gujarat]

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