SWARAN SINGH & Ors. v. STATE THROUGH STANDING COUNSEL & Anr.
Case at a glance
Provisions considered
Judgment
2.1 At this stage all that the High Court can see in the petition under Section 482 Cr.P.C. or in a writ petition, is whether on a perusal of the FIR, treating the allegations to be correct, a criminal offence is prima facie made out or not or whether there is any statutory bar. A perusal of the FIR clearly shows that, prima facie, an offence is made out c against the appellants 2 and 3. Treating the allegations in the FIR to be correct an offence under Section 3(1 )(x) of the Act is prima facie made out against appellants 2 and 3 because it prima facie seems that the intent of the appel- lants was to insult or humiliate the first informant, and this D was done within the public view. The trial has still to be held and the appellants will have an opportunity of estab- lishing their innocence in the trial. However, at this stage the FIR against them cannot be quashed and the trial must proceed. [Paras 8, 25 and 26] [137,H; 138,A; 142,D-E-F] . . E
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.