[SC] CrPC  S. 482 – Political rivalry  – Whether the allegations are true or untrue, would have to be decided in the trial.

CrPC  S. 482 – Political rivalry  – criminal proceedings cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr.P.C. only because the complaint has been lodged by a political rival –  It is possible that a false complaint may have been lodged at the behest of a political opponent – However, such possibility would not justify interference under Section 482 of the Cr.P.C. to quash the criminal proceedings – The allegations in the complaint constitute offence under the Attrocities Act –  Whether the allegations are true or untrue, would have to be decided in the trial. In exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence.

2022 SCeJ 0519, 2022 PLRonline 0105