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MANOJ KUMAR GARG
Santosh Shankar Patil – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. investigative evidence supports ongoing proceedings. (Para 1 , 2 , 5) |
| 2. rival arguments presented without resolution. (Para 3 , 4) |
| 3. court's caution in quashing firs reiterated. (Para 6 , 8 , 9 , 10) |
| 4. conditions for exercise of inherent powers clarified. (Para 7 , 11) |
| 5. final ruling dismisses petitions. (Para 12) |
ORDER :
1. Instant misc. petitions have been filed by the petitioners for quashing of FIR No. 164/2021 registered at Police Station Surajpol, District Udaipur for offence under Sections 420 , 120B IPC.
2. Learned counsel for the petitioners submit that the petitioners have not committed any offence alleged in the FIR and no specific role has been assigned to them. Thus, the averments made in the FIR are absolutely false and the FIR deserves to be quashed.
3. Per contra, learned Public Prosecutor and learned counsel for the respondent No. 2-complainant oppose the prayer made by the counsel for the petitioners.
4. I have considered the rival arguments and carefully gone through the FIR as well as material available on record.
5. A specific averment has been made by the witnesses that both the petitioners along with other accused persons fraudulently took the
The power to quash FIR should be exercised sparingly, ensuring no substantial allegations are ignored.
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and only in rare cases. The High Court should not give a premature decision when the entire facts are i....
The power of quashing a criminal proceeding should be exercised sparingly and with circumspection, and only in rarest of rare cases.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
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