Scuttling of criminal process at pre-trial stag not merited: SC

Advertisement Rathish Babu Unnikrishnan Vs State (Govt. of NCT of Delhi) (Supreme Court) The issue to be answered here is whether summons and trial notice should have been quashed on the basis of factual defences. The corollary therefrom is what should be the responsibility of the quashing Court and whether it must weigh the evidence presented by the parties, at a pre-trial stage. The proposition of law as set out above makes it abundantly clear that the Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of pos...