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Aug 27, 2010

R P Kapur Vs State of Punjab AIR 1960 SC 866

Hon'ble Supreme Court of India observed about use of inherent power to quash the proceedings "(i) where it manifestly appears that there is a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint taken at their face value and accepted in their entirety do not constitute the offence alleged;
(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge."

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