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B. R. GAVAI, PRASHANT KUMAR MISHRA
Maneesha Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
B.R. GAVAI, J.
CRIMINAL APPEAL @ SLP (CRIMINAL) NO. 8922 OF 2022
1. Leave granted.
2. The present appeal challenges the order passed by the learned Single Judge of the High Court of Judicature at Allahabad dated 23rd August 2022, rejecting the petition filed by the present appellants for quashing of the First Information Report (for short ‘FIR’).
3. The complainant had filed the complaint that the initial permission for providing admission was granted to Raj School of Nursing and Paramedical College, Gorakhpur (for short ‘the said institute’) for sixty seats but subsequently the permission was reduced to forty seats. However, in spite of reduction of number of seats, the said institute had admitted sixty students. When the result of twenty students was not published, the said students came to know about the fact that twenty students were illegally admitted and as such the complaints came to be filed by some of those students. One of such complaints was filed by Respondent No. 2 herein. On the basis of such complaints, an FIR bearing Case Crime No. 18 of 2015 came to be registered in Police Station Kotwali, District Gorakhpur, Uttar Pradesh.
4. The averments made in the FIR a
Merely because charge-sheet is filed cannot be a ground for High Court to not invoke its jurisdiction under Section 482 of Cr.P.C.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
Point of Law : Quash of Criminal proceedings - Power under section 482 Cr.P.C. has to be exercised sparingly, carefully and with great caution.
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
Criminal process cannot be utilized for any oblique purpose – Court should quash those criminal cases where chances of an ultimate conviction are bleak and no useful purpose is likely to be served by....
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
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