To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims...........................(10) 

Opportunity to prove the allegation by adducing evidence-

There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets, even if any, at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 2004. Prosecution must also be given opportunity to prove the allegation by adducing evidence. The disputed facts are not supposed to be resolved in the present forum without taking aid of the evi­dence to be adduced by the parties before the trial Court.

The Court cannot claim inher­ent jurisdiction to exercise powers taken away by legislation. During exercising jurisdiction, the High Court would not embark upon an enquiry whether the evi­dence in question is reliable or not. This is the function of the trial Magistrate and it might so happen that quashment of criminal proceed­ings before commencement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evi­dence in support of the accusation.

Defence materials as submitted by the accused-petitioner cannot be considered in a quashing pro­ceeding…………………………… (15, 18 & 19)