SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(SC) 2185

ASHOK BHUSHAN, NAVIN SINHA
Nitika – Appellant
Versus
Yadwinder Singh – Respondent


Advocates Appeared:
Mr. Arvind Kr. Sharma, Adv. Mr. Aniteja Sharma, Adv. Mr. Raj Kishor Choudhary, AOR, for the Appellant; Mr. Sarthak Ghonkrokta, Adv. Mr. Bhaskar Y. Kulkarni, AOR Mr. Vinod Sharma, AOR, for the Respondent

ORDER

Leave granted.

1. Heard learned counsel for the parties.

2. This appeal has been filed against the judgment and order dated 10.08.2018 passed by the High Court of Himachal Pradesh, Shimla by which High Court has allowed the Cr.M.M.O. No.12 of 2015 filed by the respondents quashing the First Information Report on the ground that police at Nalagarh had no jurisdiction to enquire into the contents of first information report and as such there is no occasion for the High Court to go into the correctness of the allegation as well as sustainability of charge. In paragraph 44 of the judgment following has been observed by the High Court:

    "44. In the peculiar facts and circumstances of the case, as has been discussed above, this Court has arrived at a conclusion that Police at Nalagarh has/had no jurisdiction to enquire into the contents of FIR and as such there is no occasion for this Court to go into the correctness of the allegation as well as sustainability of charge, if any, framed against the petitioners. As has been noticed hereinabove, inherent power under Section 482 Cr.P.C, is to be exercised sparingly, carefully or with caution and only when such exercise is justified by t

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top