Friday, December 23, 2011

"Absence of basis ingredients of offence in a complaint justifies quashing of such complaint" : SC

Setting up a landmark judicial precedence in the matters of Gorige Pentaiah v. State of Andhra Pradesh & Others (2008) 12 SCC 531, the Hon. Apex court has significantly observed with the order of quashing the impugned criminal complaint FIR that " when the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law."

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