Back
NITIN JAMDAR, S. MANU
N. Prakash, Son Of Late A. Narayana Rao – Appellant
Versus
Manoj Kumar, Son Of Mathippu Raj – Respondent
ORDER
Nitin Jamdar, C.J.
Prayer for interim relief in the Writ Appeal stating that in the circumstances stated in the appeal memorandum, the High Court be pleased to direct the third respondent to submit a report before this Honourable Court as to the steps , if any, taken in pursuance to Exhibit P6, pending disposal of the above Writ Appeal.
This Writ appeal again coming on for orders on 30/01/2025 upon perusing the appeal memorandum and this court's order dated 16/12/2024, the court on the same day passed the following:
The Appellant has challenged the judgment of the learned Single Judge dated 30 October 2024 in W.P.(C)No.36058 of 2024, dismissing the petition.
2. The Appellant/Petitioner filed the writ petition for a direction to Respondent Nos. 3 and 4, i.e., the Station House Officer and the Assistant Commissioner of Police, respectively, to take necessary action on the Ext.P6 complaint filed by the Petitioner. A writ was also sought to take action against Respondent No. 3 - Station House Officer for not registering the First Information Report (FIR) based on the Ext.P6 complaint. By way of Ext.P6 complaint, the Petitioner had alleged that on 28 July 2024, the Police Officer deplo
The classification of writ petitions under Article 226 depends on the nature of the relief sought; if it may lead to criminal prosecution, it should be treated as a criminal writ petition.
Section 177 of the CrPC unambiguously states that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Point of law: power under Section 482 of the Code of Criminal Procedure for the purpose of quashing the F.I.R. is concerned, the only criteria is the situs of the authority who has registered the cas....
The main legal point established in the judgment is the mandatory registration of FIR under Section 154 of Cr.P.C., the availability of remedies under Section 156(3), and the limitations of invoking ....
The High Court retains discretion to dismiss a Writ Petition challenging an FIR as infructuous once a charge-sheet and cognizance of the offense has been filed, emphasizing jurisdictional principles ....
Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.
The nature of the proceeding and the relief sought determine the jurisdiction, and the maintainability of the appeal depends on the understanding of the order passed by the learned Single Judge.
Point of Law - Where there is flagrant violation of the orders of the execution court and the alternate remedy found to be not efficacious, then police protection could be ordered.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
