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SWARANA KANTA SHARMA
Namit – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)--The present petition has been filed on behalf of the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C..) for quashing of FIR bearing no. 1032/2019 arising out of Criminal Case No. 4545/2020, registered at Police Station Sultanpuri for offence punishable under Section 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act.).
2. Brief facts of the case are that complainant had filed the present FIR dated 15.10.2019 alleging that he had found the petitioner/accused allegedly consuming drugs. Thereafter, a notice under Section 50 of NDPS Act was issued against petitioner/accused. Subsequently, the petitioner/accused was arrested on 16.10.2019. The learned Trial Court had granted bail to petitioner/accused vide order dated 02.12.2019. The chargesheet was filed on 10.02.2023.
3. Learned Counsel for the petitioner states that there is no evidence against the present petitioner to link him with these alleged offences. It is also stated that nothing was recovered at the instance of applicant which is clear from the fact that he was not medically examined on the same date. It is further stated that since t
The power to quash a FIR should be exercised sparingly and only in the rarest of rare cases. Recovery of a psychotropic substance from the accused is a ground for trial and not for quashing the FIR a....
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 under Section 482 of Cr.P.C. should be exercised sparingly and with caution, especially in cases where investigation is pending, and does not permit the court to go into disputed questions ....
The power to quash a criminal proceeding should be exercised sparingly and with caution, especially at the stage of investigation.
The power under Section 482 of the Code of Criminal Procedure, 1973 should be exercised sparingly, carefully, and with caution, and only when justified by the tests laid down in the section itself. Q....
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and only in exceptional cases, and the court should not interfere at the stage of investigation unless there is a ris....
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The nature of the offence and its impact on society are crucial factors in deciding whether to quash an FIR.
Exercise of quashing power under Section 482 Cr.P.C. should be sparing and justified by specific tests laid down in the provision itself
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