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SANDEEP N. BHATT
Naresh Nemchandbhai Shah – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
SANDEEP N. BHATT, J.
1. The present petition, under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, is filed by the petitioners – original accused for :- (i) quashment of the impugned summons / notice dated 05.09.2024, 11.10.2024 and 06.11.2024 issued by respondent No.3 i.e. the Deputy Superintendent of Police, CID Crime, Ahmedabad Zone, Ahmedabad pursuant to the application dated 28.06.2024 filed by the original complainant – respondent No.4, (ii) directing respondent No.3 to place on record the said application dated 28.06.2024 being No.CID/AU Application No.1045/1373/2024 and quash the same and (iii) restraining respondents No.2 and 3 from carrying out any investigation / inquiry pursuant to the said application dated 28.06.2024 pending this petition.
2. Heard learned senior advocate Mr.Anshin Desai with learned advocate Mr. Apurva Kapadia for the petitioners, learned advocate Mr. Dipan Desai for original complainant and learned Public Prosecutor Mr.Hardik Dave with learned Additional Public Prosecutor Mr.Adityasinh Jadeja for the State.
3.1 Learned senior advocate Mr.Anshin Desaid for the petitioners has submitted that on bare reading of the allegations le
The court affirmed that ongoing investigations by CID Crime are valid despite no FIR being registered, emphasizing that courts should not interfere unless exceptional circumstances arise.
(1) Interim order of stay of investigation during pendency of quashing petition can be passed with circumspection.(2) When investigation by police is in progress, court should not go into merits of a....
It is the duty of a Judge to sustain the judicial balance and not to think of an order which can cause trauma to the process of adjudication
while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India referred to hereinabove, the High Court has to give brief reasons why such an interim order....
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
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....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
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