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MANOJ KUMAR GARG
Usha Rani, W/o. Late Shri Megraj – Appellant
Versus
State Of Rajasthan, Through PP. – Respondent
ORDER :
S.B. Criminal Misc(Pet.) No. 8416/2022 :
1. The instant misc. petition has been filed by the petitioner for fair, impartial and effective investigation in FIR No.0225/2022, Police Station Kuchera, District Nagaur, for offences under Sections 452, 427, 323, 354, 384 & 34 of IPC.
2. Learned Public Prosecutor has submitted that on the basis of investigation, the offences have been prima facie proved against the present accused persons. In these circumstances, the present misc. petition for fair and impartial investigation, has become infructuous. Accordingly, the present misc. petition is hereby dismissed. Stay application also stands dismissed.
S.B. Criminal Misc(Pet.) No. 7720/2022:-
3. The petitioners have preferred this misc. petition under Section 482 of Cr.P.C. for quashing the FIR No.0225/2022 registered at Police Station Kuchera, District Nagaur for the offence under Sections 452, 427, 323, 354, 384 & 34 of IPC.
4. Learned counsel for the petitioners submits that a false FIR has been registered against the petitioners and they have been involved in the alleged crime. It is argued that the petitioners No.1 & 2 were not even present at the Gas agency at the time of the alle
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
First information report is not an encyclopaedia which must disclose all facts and details relating to offence reported.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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