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VIMAL K. VYAS
Chintan Kanjibhai Kalathiya (Chintanbhai Kanjibhai @ Kanubhai Gadhali) – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. By preferring the present application under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘CrPC’), the applicant has prayed to quash and set-aside the complaint being CR No.11198067220071 of 2022 registered with the Vartej Police Station, Bhavnagar, for the offence punishable under Section 306 of the Indian Penal Code.
2. The brief facts of the present case are as under :
The power of quashing should be exercised sparingly and with circumspection, and the court should not interfere at the stage of investigation of offences unless there is a miscarriage of justice.
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The main legal point established in the judgment is that to constitute the offence of abetment of suicide under Sec. 306 of the Indian Penal Code, there must be a clear mens rea and a positive act on....
The court's decision emphasized the importance of establishing the ingredients of abetment under Section 107 of the Indian Penal Code and highlighted the scope and ambit of Court’s power under Sectio....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
1. At the stage when the High Court considers a petition for quashing under Section 482 of the Cr.P.C, the test to be applied is whether the allegations in the complaint as they stand, without adding....
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