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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Suleman – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. factual background of company attachment and scrap removal. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' contentions on scrap sale permission validity. (Para 6 , 7 , 8) |
| 3. high court quashing power under section 528 bnss. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. aetc permission for scrap sale despite machinery attachment. (Para 19 , 20 , 21 , 22 , 23) |
| 5. section 411 ipc requires knowledge of stolen property. (Para 24 , 25 , 26) |
| 6. no dishonest receipt or criminal conspiracy established. (Para 27 , 28) |
| 7. quash fir to prevent abuse of process. (Para 29 , 30) |
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, prayer has been made on behalf of the petitioner for quashing of FIR No. 09/2016, dated 03.04.2016, under Sections 411 and 120-B of IPC, registered at police Station, State CID Bharari, District Shimla, Himachal Pradesh as well as consequent proceedings i.e. Corruption Case No.11 of 2019, titled State of Himachal Pradesh vs. Vinay Sharma and others , having CNR No. HPS1010033292019, pending in the Court of learned Special Judge, Sirmaur at Nahan, Himachal Pradesh insofar as it relates to
Scrap dealer not liable under Sections 411/120-B IPC for purchasing scrap from attached premises pursuant to custodian permission and cheque payment, absent knowledge of theft or conspiracy; FIR quas....
Quashing – High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
The court can quash criminal proceedings if they are found to be an abuse of the process of law, and the material produced by the accused rules out the allegations in the charges.
The court established the principle that continuation of criminal proceedings would amount to an abuse of the process of law when the accused had already been exonerated in the departmental enquiry o....
The court ruled that inherent powers to quash proceedings should be exercised cautiously, emphasizing that allegations must be substantiated to avoid misuse of judicial processes.
The sparing and cautious exercise of inherent power under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the impact on society, and the possibility....
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