MANOJ KUMAR GARG
Bhaira Ram – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition for quashing fir based on prior dismissal. (Para 1 , 2) |
| 2. petitioner's claim of forged vehicle registration. (Para 3) |
| 3. opposition to the petition and considerations of case-diary. (Para 4 , 5) |
| 4. police investigation concluded petitioner as registered owner. (Para 6) |
| 5. guidelines for exercising powers under section 482 cr.p.c. (Para 7 , 8 , 9 , 10 , 11) |
| 6. no case for quashing fir established. (Para 12) |
| 7. dismissal of the criminal misc. petition. (Para 13) |
ORDER :
1. The present criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing of FIR No. 076/2019 registered at Police Station Bhadesar, District Chittorgarh for offences under Section 8 /15 of NDPS Act.
2. Earlier, the petitioner preferred S.B.Criminal Misc. Petition No. 6800/2022 before this Court for quashing the aforementioned FIR. The said criminal misc. petition was dismissed by coordinate Bench of this Court vide order dt. 04.11.2022 with liberty to the petitioner to put forth his defence by way of representation along with documentary as well as other evidence before the concerned Investigating Officer.
3. Learned counsel for the petitioner submits that the vehicle carrying a
Janta Dal v. H.S. Choudhary (1992) 4 SCC 305
M/s. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra
N. Soundaram v. P.K. Pounraj (2014) 10 SCC 616
Pratibha v. Rameshwari Devi JT 2007 (11) 122
State of Haryana v. Choudhary Bhajanlal 1992 Suppl. (1) SCC 335
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.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
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....
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