Supreme Court of India
State of Uttar Pradesh & Anr. v. Akhil Sharda & Ors.
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What the Court ordered
In view of the above and for the reason stated above both these Appeals Succeed.
Judgment, page 13
From the headnote
Code of Criminal Procedure, 1973: s. 482 – Quashing of criminal proceedings – Sustainability of – On facts, FIRs u /ss. 406 and 420 IPC – Allegations relating to disappearance of trucks loaded with beer from highways – High Court quashed the crimina l proceedings arising out of the FIR including the charge- sheet filed by the Investigating Agency as well as the summoning or der passed by the trial court – On appeal, held: High Court virtually conduct ed a mini trial, which was not permissible at this stage – At t he stage of deciding the application u/s. 482, the High Court cannot get into
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