2018 (10) TMI 2030

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..... on papers which have been brought on record before this Court by the accused-appellant. The said papers do indicate that on the date in question i.e. 27.08.2005 the accused-appellant was not in India. At no point of time either before the High Court or before this Court any dispute has been raised with regard to the said fact. The complainant had not made the appellant a party in the earlier compl .....

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..... Case No.153/05 against the accused-appellant is quashed - appeal allowed.
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE K.M. JOSEPH For the Appellant : Manish Kumar Saran For the Respondent : Abhinav Mukerji And Praveen Swarup ORDER 1. The accused-appellant not having succeeded in convincing the High Court that the crimin .....

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..... 5 the FIR out of which these proceedings have arisen was lodged impleading the accused-appellant as an accused. A reading of the aforesaid FIR would go to show that in substance the allegations made in the FIR are similar to those contained in the earlier complaint dated 12.07.2005 except for an incident that is alleged to have occurred on 27.08.2005. 4. It is the appellant's case that on 27. .....

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..... batilata Koley Etc.[(2011) 3 SCC 351]to the effect that in an appropriate case where the document relied upon is a public document or where veracity thereof is not disputed by the complainant, the same can be 1 2 3 considered. 6. In the present case we have looked into the passport documents and immigration papers which have been brought on record before this Court by the accused-appellant. The s .....

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..... ile exercise and that the present was an appropriate case where the High Court ought to have exercised its power under Section 482 of the Criminal Procedure Code. We accordingly set aside the order of the High Court and quash the impugned proceeding pending in the Court of Sub- Divisional Judicial Magistrate, Patna City, Khajekala arising from PS Case No.153/05 against the accused-appellant. Appea .....

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