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Vexatious Criminal Proceeding Can Be Quashed Even Post-Cognizance

The Patna High Court, in the case of Dr. Syed Mohhammad Azfar vs The State Of Bihar & Anr, shed light on the wide-ranging powers of the High Court under Section 482 of the Criminal Procedure Code and noted that even those complaints of which the Magistrate has taken cognizance of, but are of a private and vexatious nature, can be quashed by the High Court.

In this case, an appeal had been filed for the quashing of order of cognizance by the Magistrate and issuance of process under a Complaint Case alleging offences under Sections 323 and 342 of the IPC. It was contended that the complaint was filed on malicious and vexatious grounds.

Justice Nilu Agarwal, after examining the material placed on record and balancing rival contentions, held that even though an offence is disclosed in the complaint, the same is held to be a vexatious petition filed to harass and humiliate the accused.

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