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PUSHPENDRA SINGH BHATI
Om Prakash Bairwa S/o. Shri Ramlal Bairwa – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent
ORDER :
1. These Criminal Misc. Petitions under Section 482 Cr.P.C. have been preferred claiming the following reliefs :
Petition No. 2342/2019:
Petition No.1339/2019:
Petition No.1340/2019:
The Court can exercise inherent powers under Section 482 Cr.P.C. to quash F.I.Rs when no prima facie case is made out.
The power to quash a criminal proceeding should be exercised sparingly and with caution, and there must be factual supporting material in the FIR to fasten the accused with criminal liability.
The absence of evidence proving demand for illegal gratification under the Prevention of Corruption Act led to the quashing of criminal proceedings against the petitioner.
A ground which is not canvassed in pleadings cannot be permitted to be urged across the Bar.
The judgment established the principle that a second FIR for the same cause may not be permissible if the incidents could have been investigated in the first FIR, and that the abuse of power by the I....
The High Court's jurisdiction to quash an order framing charges is limited to cases of patent error of jurisdiction and does not extend to re-appreciation of evidence or interference with the trial c....
Point of law: when the materials relied upon by a party are required to be proved., no infererwe can be drawn on the basis of those materials to conclude the complaint to be unacceptable. The Court s....
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