KAUNTEYE GAURANGBHAI NIMAKSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The proceedings in question is at the stage of issuing process. At the stage of issuing process it is not the duty of the court to find out as to whether the accused will be ultimately convicted or acquitted. At this stage, this court has to consider whether there are sufficient grounds to proceed with the case or not. In the case of State of Haryana v. Bhajanlal reported in 1992 Suppl. (1) SCC 333 the Apex Court has considered exercising of extraordinary powers under Article 226 of the Constitution of India or under Section 488 Cr. P. C. by the High Court and has laid down the following principles.

(3.) In the case of Punjab National Bank and Ors. v. Surendra Prasad Sinha AIR 1992 (SC) 1815 it has been observed as under: