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ABHAY S. OKA, K. V. VISWANATHAN
Harpal Singh (D) – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
1. The office report records that the first appellant is no more. A copy of the death certificate is placed on record by the learned counsel appearing for the appellants.
2. Leave granted.
3. Heard the learned counsel appearing for the parties.
4. The appellants filed an application under Section 482 of the Code of Criminal Procedure, 1973, for quashing a charge-sheet filed for the offences punishable under Sections 498A, 323 and 504 of the Indian Penal Code, 1860. By the impugned order, the High Court has dismissed the Application without considering the same on merits. The High Court has not even dealt with the contentions raised in the Application.
5. Hence, we set aside the impugned order and restore the Application under Section 482 No. 279/2018 to the file of the High Court of Judicature at Allahabad. The restored Application shall be listed before the roster Bench on 17th February, 2025 in the morning. The parties, who are represented today, shall appear before the roster Bench on that day and no further notice shall be served to them.
6. The Registry to forward a copy of this order to the Registrar (Judicial) of the High Court of Judicature at Allahabad, who shall ensure
The High Court must consider the merits of an application under Section 482 of the CrPC before dismissing it, ensuring all contentions are open for decision.
Scope of inquiry in discharge application is limited and no document which is not a part of charge-sheet can be considered at that stage.
A petition for quashing criminal proceedings cannot be dismissed as infructuous solely due to the filing of a charge-sheet, as it allows for broader challenges than an application for discharge.
The Supreme Court emphasized that a High Court must consider the merits of a petition when quashing an FIR, rather than dismiss it without analysis.
The main legal point established in the judgment is that the power under Section 482 of the Cr.P.C. should be exercised sparingly and that filing a successive petition without new grounds is not an a....
The judgment established the availability of inherent power of the Court under Section 482 Cr.P.C. and emphasized the necessity for the magistrate to apply their mind before passing the summoning ord....
There are no limits of powers of Court under Section 482 of Code but the more the power, more due care and caution is to be exercised in invoking these powers. Power of quashing criminal proceedings,....
FIR and criminal proceeding(s) emanating from FIR cannot be quashed on the basis of forced Settlement Agreement.
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