SAVINDER SINGH & ORS Vs. KEHAR SINGH

JUDGEMENT

(1.) What cannot possibly be disputed here is that the Hon'ble Apex Court has authoritatively held, in a celebrated judgment in case State of Haryana and others v. Ch.Bhajan Lal and others, 1992 AIR(SC) 604, which was again reiterated in case Som Mittal v. Government of Karnataka, 2008 2 RCR(Cri) 92, that the criminal prosecution can only be quashed in rarest of rare case at the initial stage as per the following conditions:-

(2.) Not only that, again the Hon'ble Supreme Court in case Jeffery J.Diermeier & Anr. v. State of West Bengal & Anr., 2010 3 RCR(Cri) 183, having interpreted the scope of section 482 Cr.PC, has ruled (para 16) as under:-

(3.) Such thus being the legal position, now the short and significant question, though important that, arises for determination in the instant case is, as to whether the impugned complaint (Annexure P7) filed by the complainantrespondent (for brevity "the complainant") against the petitioners-accused and the summoning order dated 9.4.2007 (Annexure P8), deserve to be quashed at this stage or not