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Sep 8, 2021 · The appellants' petition under Section 482 of the Code of Criminal Procedure for quashing was dismissed by the High Court. A two judge Bench of this Court examined the ingredients of the offence and whether the complaint on its face disclosed the commission of any offence.
This petition has been filed for quashing of order dated 22.12.2021 passed by the learned Additional Sessions Judge-XVI, Dhanbad in Misc. Criminal Application No. 1050 of 2020 in connection with Sessions Trial Case No. 276 of 2017 whereby petition filed by the petitioner under section 311 Cr.P.C. for recall of the P.W.3 and P.W. 6 for further ...
May 3, 2024 · The primary reason for quashing the proceedings was the omnibus nature of the allegations in the complaint, lacking specific details against each accused.
- Introduction
- Quashing of Fir/Charge-Sheet
- Conclusion
The judgments on quashing of FIR/charge-sheet by the Supreme Court as well as numerous High Courts, have created a conundrum for the reason that there seems to be no uniformity and consensus in the findings of the courts on it. It is noteworthy that while the general illustrations/categories of cases for quashing had been previously laid down by th...
It goes without saying that the landmark judgment for quashment of FIR/charge-sheet was of the Supreme Court in Bhajan Lal case2, wherein the Court had succinctly laid down the categories of cases/illustrations for quashing of FIR/charge-sheet by way of exercising extraordinary powers under Article 2263 of the Constitution of India or inherent powe...
Drawing a conclusion from the aforesaid analysis of judgments on quashment of FIR seems effortlessly onerous, for the sole and primary reason being no conclusive and uniform finding of the Supreme Court or High Courts on the specific criteria being laid down for discharge from criminal proceedings on being exonerated on merits in departmental proce...
Thereafter, the appellant committed rape on her. When she felt pain on her private part, she wanted to cry but she was silenced by the appellant by displaying a knife to her. After committing the offence of rape the appellant left the house and locked the door from outside.
Aug 13, 2023 · In this case, an FIR was lodged against an accused, alleging the commission of offences under several Sections of the IPC. The High Court dismissed the petition seeking quashing of the FIR.
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Nov 14, 2022 · Innumerable FIRs have been quashed by various High Courts across the country in oblivion of the law laid down in the binding precedent of Kurukshetra University case. Criminal Law. Shrikrishna Dagliya. Published on: 14 Nov 2022, 3:39 am. 9 min read. From 1773 to 1823, three Supreme Courts were established at Calcutta, Madras and Bombay.
