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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
Anil Gangaram Jain – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. Following relief has been claimed under section 482 of Cr.P.C. by the petitioners :-
“A) YOUR LORDSHIPS WOULD BE PLEASED TO quash and set aside the Criminal Complaint filed by the respondent NO.2 being Private Complaint NO. 857/2011 for the offences punishable under Sections 420, 465, 471, 120-B, 114 and 34 of the Indian Penal Code on 3/8/2011 in the Court of the Honorable 3rd Additional Senior Civil Judge and Judicial Magistrate First Class, Surat at Annexure "D" to the petition and the order passed by the 3rd Additional Senior Civil Judge, Surat on 21/6/2013 ordering investigation under Section 156(3) of Code of Criminal Procedure, 1973 for the reasons stated in the memo of the petition, in the interest of justice.
(B) YOUR LORDSHIPS WOULD BE PLEASED TO stay further proceedings of the Private Complaint No. 857/2011 filed by the respondent NO.2 complainant in the Court of the Honorable 3d Additional Senior Civil Judge and the Judicial Magistrate First Class, Surat for the offences under Sections 420, 465, 467, 120-B, 114 and 34 of the Indian Penal Code and further be pleased to restrain the Police Inspector, Umra Police Station from carrying further invest
The High Court affirmed that quashing of FIRs should be rare, and criminal and civil remedies can coexist; the trial court is authorized to direct police investigations under Section 156(3) despite p....
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 court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
(1) Section 482 of Cr.P.C. is designed to achieve purpose of ensuring that criminal proceedings are not permitted to generate into weapons of harassment.(2) Civil disputes cannot be given cloak of cr....
Point of Law : Offence of Cheating - Inherit Powers of High Court - Extraordinary and inherent power of this Court under Section 482 of Cr.P.C., do not tilt in favour of the petitioners to pass an or....
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
(1) Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments. However, ....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
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