GHANSHYAM Vs. BALWANT 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, AIR 1992 Supreme Court 604, which was again reiterated in case Som Mittal v. Government of Karnataka 2008(2) R.C.R. (Criminal) 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) R.C.R.(Criminal) 183, having interpreted the scope of section 482 Cr.PC, has ruled (para 16) as under:-

(3.) HAVING regard to the legal position, material on record and rival contentions of learned counsel for the parties, to my mind, the answer must obviously be in the negative in this context.