Jurisdiction of the High Court while hearing the application under Section 482 of the Cr.P.C.
Explained. High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against the accused.
This could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings. [2019 SAR (Criminal)............Supreme Court...............IN..............Devendra Prasad Singh Versus State of Bihar & Anr.; Criminal Appeal No. 579 of 2019; Decided on 2nd April, 2019.]
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