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SWARANA KANTA SHARMA
Javed Qureshi – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioners seeking issuance of appropriate writ/order/direction to quash the FIR bearing no. 685/2022 registered at Police Station Jagatpuri, Delhi for offence punishable under Sections 429/34 of Indian Penal Code, 1860 (`IPC') and Section 4/7/8/12/13 of Delhi Agricultural Cattle Preservation Act, 1994 (`DACP Act') and to transfer the inquiry on the complaints of the petitioners from the Public Grievance Cell, Delhi Police to Vigilance Branch, Delhi Police, or to Anti-Corruption Branch, Directorate of Vigilance, Government of NCT of Delhi.
2. Brief facts of the present case are that on 09.11.2022, an information was received vide DD No. 9A regarding slaughtering of cow, however, when the police had reached the spot i.e. House No. B- 34, Gali No.5, Khureji Khas, Jagatpuri, Delhi-110051, they had found that blood was flowing from inside the above-mentioned house. Upon investigation, it was found that the petitioners herein were cutting and cleaning two animals. Crime team was c
The court's decision was based on the application of principles governing the quashing of FIRs, emphasizing that the power to quash should be exercised sparingly and in exceptional cases.
The power to quash an FIR should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused.
Quashing of FIR should be an exception and rarity, and the court cannot inquire into the reliability or genuineness of the allegations in the FIR.
The power of quashing should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused. The court also highlighted the principles that g....
The power of quashing should be exercised sparingly, and the court cannot embark upon an inquiry into the reliability of the allegations.
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
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