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RAJEEV RANJAN PRASAD
Akshaya Kumar Yadav (Rtd. ) @ Akshaya Kumar Yadav – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the petitioner and learned counsel for the informant as also Mr. Ajay Kumar Sharma, learned AC to AG for the State.
2. The petitioner in the present case is seeking quashing of the First Information Report of Shastri Nagar P.S. Case No. 379 of 2015 under Sections 420, 406, 323 and 324 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that on a bare perusal of the first information report together with the copy of the complaint petition being Complaint Case No. 222 of 2015 which is the basis of lodging of the FIR it would appear that the opposite party no. 2 moved directly to the court of learned Chief Judicial Magistrate, Patna by filing a complaint petition. In the complaint petition, there was no averment at all that the opposite party no. 2 had approached the jurisdictional police station or had followed the procedure as prescribed under Section 154(3) Cr.P.C. The complaint petition was not even supported by affidavit, still on the oral prayer of learned counsel for the respondent no. 4, the learned CJM forwarded the copy of the complaint case to the SHO of Shastri Nagar Police Station, Patna to investigate the matter. The SHO o
The main legal point established in the judgment is the need to prevent abuse of the process of the court and secure the ends of justice, which justified the quashing of the FIR.
The main legal point established in the judgment is that the quashing of an FIR may be justified based on the lack of following mandatory requirements of law, absence of prima facie evidence of a cog....
The inherent jurisdiction of the High Court to quash criminal proceedings requires exceptional circumstances; unproven allegations cannot justify termination at the outset, as factual disputes must b....
The court established that FIRs can be quashed when they are found to be filed with mala fide intentions and do not disclose a prima facie case against the accused, particularly in the context of per....
Point of law : When the information is lodged at the police station and an offence is registered then the mala fides of the third party would be of secondary importance.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
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