Topic
Allahabad HC rules that pre-trial quashing under Section 528 BNSS is impermissible where material facts are disputed, particularly in POCSO and IPC cases. The court emphasized that credibility of allegations must be tested at trial, not dismissed summarily, reinforcing natural justice principles in criminal proceedings.
Allahabad High Court reaffirms that criminal proceedings under POCSO Act and Bharatiya Nyaya Sanhita cannot be quashed at the pre-trial stage if a prima facie case is established. The ruling underscores judicial restraint in interfering with ongoing investigations involving serious offences against minors.
Allahabad HC rules that where the accused admits issuing a cheque under Section 138 NI Act, courts cannot quash proceedings at the pre-trial stage merely on grounds of old debt. The statutory presumption under Section 139 mandates trial to determine liability, reinforcing the bar on premature dismissal of complaints.