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KALYAN RAI SURANA
Miss Tendy Lamo D/o Lt. K. Tseten – Appellant
Versus
State of AP through the Public Prosecutor – Respondent
JUDGMENT :
Kalyan Rai Surana, J.
Heard Mr. R. Sonar, learned counsel for the petitioners. Also heard Ms. L. Hage, learned APP appearing for the State; and Ms. N. Danggen, learned counsel appearing for the respondent nos. 2 and 3.
2. By filing this criminal petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of the FIR dated 03.08.2022, registered as Yingkiong Police Station Case No. 29/2022, under sections 120B/153A/295A/34 of the Indian Penal Code.
3. At the outset, the learned counsel for petitioners has submitted that during the pendency of this criminal petition, the competent authority, i.e. the Joint Secretary (Home), Government of Arunachal Pradesh, by a letter dated 27.12.2023, granted prosecution sanction only in respect of the petitioner no. 1, namely, Ms. Tendy Lamo, and not against the petitioner no. 2, namely, Shri Michung Khamba. Consequently, the I.O. of Yingkiong P.S. Case No. 29/2022 had forwarded a charge-sheet bearing no. 1/2024, dated 08.02.2024, against the petitioner no. 1 and two others, but not against the petitioner no.2. This fact is admitted by the learned APP.
4. By referring to the decision of the Supreme Court of India in the case o
The court established that allegations in an FIR must disclose a cognizable offence; mere civil disputes cannot be criminalized without clear evidence of criminal intent.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
The court applied the legal provisions of Section 482 Cr.PC and the guidelines laid down by the Hon'ble Supreme Court to determine whether the allegations in the FIR disclosed the commission of cogni....
Point of law: The extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the CrPC, it could quash a First Information Report. The police had not even com....
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The main legal point established in the judgment is that criminal proceedings should not be used as a shortcut for civil remedies, and the court has the power to quash proceedings if the allegations ....
The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.
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