2019 (2) TMI 1894

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....gainst the issuance of process was allowed. The High Court set aside the process issued by the Trial Court as affirmed by the Revisional Court in the Criminal Writ Petition filed by the Respondents. Aggrieved thereby, the Appellant has filed this appeal. 2. It was alleged by the complainant that her father Shamrao Nalavade expired on 17.01.1994. The Respondents were Accused of forgery and preparing false documents on the basis of which a development agreement dated 11.12.2002 came into existence. On the basis of the above facts, the complainant alleged that the Respondents made themselves liable for being prosecuted Under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as &#39....

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....required to evaluate the merits of the material or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to a conviction or not Sonu Gupta v. Deepak Gupta and Ors. 2015 (3) SCC 424. 5. Quashing the criminal proceedings is called for only in a case where the complaint does not disclose any offence, or is frivolous, vexatious, or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same. It is not necessary that a meticulous analysis of the case should be done before the Trial to find out whether the case would end in conviction o....