Tuesday, November 15, 2011
Landmark Guidelines by the Apex Court illustrating when a FIR can be quashed
the Hon Supreme Court of India has categorically illustrated a landmark guideline when a FIR can be quashed under the provisions of the Criminal Procedure Code, in exercise of the extra-ordinary power under Article 226 of the constitution or the inherent powers Under Section 482 of the Code. While adjudicating CRIMINAL APPEAL NO. 1356 OF 2004, instituted by the appellant Ramesh Gandhi against Union of India & others,the Apex Court has set up the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice,., with a caution to caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the F.I.R. or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the Court to act according to its whim or caprice." Illustrative Cases when it can be quashed 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima-facie constitute any offence or make out a case against the accused. 2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
Popular Posts on our Law Office Blogs
" If the land owners are not paid and compensated within two years after the declaration of the acquisition of the proposed land, the w...
While adjudicating **Pinakin Rawal v/s State of Gujarat CR.APPEAL NO.811/2004]****the Hon'ble Supreme Court has observed in its landmark...
Powered by www.kartikey.com ::::: A Law Office of India, pioneering the online concept of free legal aid and laws consultation through E-L...
Before passing Order of detention under PASA act, the detaining authority must come to a definite finding that there is threat to the “public order”While applying the ratio, laid down by the Hon. Supreme Court, in the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Su...
Vidhya Sahayak for teachers, Lok Rakshak for police and Gram Mitra in rural administration are "Gujarat State Sponsored Financial Exploitation"A division bench of the Gujarat High Court, comprising Acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala, has observed las...
On the eve of Dipavali...it is a rising of a new dawn...with a hope of a happy and prosperous New year, We extend our cordial wishes to all ...
Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ??Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468,...
Recently, the Supreme Court of India has pronounced a landmark judgment, while adjudicating and dismissing writ petition lodged by Bar Coun...
While exercising Criminal Appellant Jurisdiction in the matters of CRIMINAL APPEAL NO.305 OF 2013,moved by appellants Mr. Surender Kaushik a...
Recently yesterday, the Hon'ble Apex Court of India has reconfirmed the Rules and Laws about the Admissions of a party while adjudicatin...
Law Blog Archive
- October (1)
- September (6)
- August (7)
- July (8)
- June (4)
- May (7)
- April (8)
- March (9)
- February (9)
- January (6)
- December (9)
- November (4)
- October (3)
- September (5)
- August (11)
- July (2)
- June (1)
- February (2)