Rajeev Kourav v. Baisahab, AIR 2020 SC 909
Court: Supreme Court of India
Issue: Whether the statements recorded u/s 161 Cr.P.C. can be considered by the High Court while adjudicating a petition filed u/s 482 Cr.P.C. for quashing the FIR?
Held: It is trite law that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 Cr.P.C. for quashing criminal proceedings.
It is clear from the law laid down by this Court that if a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding.
Statements of witnesses recorded under Section 161 Cr.P.C. being wholly inadmissible in evidence cannot be taken into consideration by the Court, while adjudicating a petition filed under Section 482 Cr.P.C.