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SUDESH BANSAL
Puran Chander Sen Advocate – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Petitioner herein, who is an enrolled Advocate under the Advocates Act, 1961, before the Bar Council of Punjab & Haryana, submitted a written application dated 12.10.2020 before the SHO, Police Station, Govindgarh, District Alwar, to register an FIR against the then Minister of Law & Justice, Hon’ble Home Minister and Hon’ble Prime Minister as also against the Programmers and Journalists having nexus with TV Channels like Aaj Tak, Republic India and the members connected with Hindu Mahasabha, Vishva Hindu Parishad, Rashtriya Swayamsevak Sangh (RSS), Bajrang Dal etc. The copy of the application dated 12.10.2020 is available on record as Annexure-3. Petitioner has averred in his application that an Amendment Bill – 2019, to amend the Citizenship Act, 1955, was presented in the Parliament at New Delhi, which was passed by both the Houses of Parliament viz. Lok Sabha and Rajya Sabha and thereafter, Hon’ble President of India signed the bill, which has been published in the Gazette Notification as a Legislation. It has further been averred that such an amended Legislation is against the spirit of Constitution of India, which has been brought with an intention to oppress Muslims an
A litigant cannot be permitted to misuse judicial process by filing frivolous petitions and easy access to justice cannot be allowed to be used as a license to file misconceived and frivolous petitio....
The registration of an FIR is mandatory if it discloses a cognizable offence, and the police cannot conduct a preliminary inquiry at their discretion.
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
Peaceful assembly and lawful demands do not constitute obstruction under IPC; FIR registration must comply with legal standards to prevent abuse of process.
A second FIR for the same incident is impermissible under law unless it pertains to a different cognizable offence or occurrence.
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
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