Libertatem Magazine

Quashing of Criminal Proceedings

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In the case of Ganga Dhar Kalita v. State of Assam and Others, one of the persons said to have executed the power of attorney was minor, and another was away from India. It was held that even if the civil suit was instituted by the complainant, the High Court committed no error of law in declining to interfere with the criminal proceedings initiated against the appellant in the present case. The instant case dealing with quashing of criminal proceedings u/s Section 482, Criminal Procedure Code, 1973 limited the unfettered power to quash proceedings subject to certain considerations.

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