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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Soumallya Swapan Roy – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. quashing of fir under code of criminal procedure (Para 1) |
| 2. arguments for quashing fir by the petitioner (Para 2) |
| 3. arguments against petitioner by respondents (Para 3 , 4) |
| 4. details of the fir and its allegations (Para 5 , 6) |
| 5. application of legal precedent regarding quashing (Para 7) |
| 6. legal standards for quashing fir (Para 8 , 9 , 10) |
| 7. decision on the grounds for or against fir (Para 11) |
| 8. final judgment and dismissal of the petition (Para 12) |
ORDER :
J. C. DOSHI, J.
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I – 212 of 2014 registered with Umra Police Station, for the offences punishable under Sections 406 , 420, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.
2. Seeking quashment of the impugned FIR, Learned advocate for the petitioner would submit that the petitioner is a Director of Vardhman Sunmarg LIC Micro Insurance, Govt. of India Registered Organization (in short “LIC organization”) only on paper and he had never actively i
The High Court affirmed that a FIR can be quashed only if no offence is disclosed, reinforcing limitations on jurisdiction under Section 482 of the Code of Criminal Procedure.
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The court maintained that an FIR must not be quashed at an initial stage unless no prima facie case is established, even if the allegations suggest civil nature.
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....
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
The court ruled that allegations in the FIR constituted a cognizable offence, and mere repayment of funds does not negate the wrongdoing.
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
The distinction between a breach of contract and a criminal offence under Section 420 requires proof of dishonest intent, which was not established in this case.
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