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MITALI THAKURIA
RANJAN KUMAR BARIK S/O SHRI RABINDRA KUMAR BANIK – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. P. Bora, learned Senior Counsel assisted by Md. A.A. Hussain, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1 and Md. A.A. Hassan, learned counsel for the respondent No. 2.
2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the proceeding being Sessions Case No. 223/2019, pending before the Court of learned Additional District & Sessions Judge, Kamrup, Guwahati in connection with Garchuk P.S. Case No. 397/16 dated 27.07.2016 registered under Sections 120(B)/436 of IPC including the Chage-Sheet No. 111/17 dated 29.07.2017.
3. The brief facts of the case are as follows:
The court emphasized that allegations in an FIR must establish a prima facie case for prosecution, and mechanical charge-sheets without credible evidence can be quashed under Section 482 of the Cr.P.....
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 High Court cannot quash criminal proceedings under Section 482 of the Cr.P.C. if the FIR allegations disclose a cognizable offence, as the correctness of these allegations must be determined at t....
Concurrent prosecutions under the IPC and Factories Act for the same incident are permissible as the laws address different legal elements and liabilities.
The principle of non-registration of two FIRs for the same offence and against the same accused persons is based on the principle akin to double jeopardy, rule of fair investigation, and to prevent a....
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and the decision to exercise the inherent powers under Section 482 of the Cr.P.C. would be predicated o....
The court's decision to exercise the inherent powers under Section 482 of the Cr.P.C. is predicated on the facts of each case, and the court cannot weigh the material to determine the truth in the co....
The court affirmed that a charge-sheet can only be quashed if there is no prima facie case against the accused, emphasizing the need for sufficient evidence to proceed.
Criminal proceedings against public servants for negligence cannot be quashed on the ground of lack of sanction under Section 197 CrPC, as negligent acts or omissions do not constitute acts performed....
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