SANJAY DHAR
Hameeda – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner has challenged the charge sheet arising out of FIR No. 198 of 2015 for offences under section 447-A and 353 RPC filed against her before the court of learned Chief Judicial Magistrate Budgam.
2. It appears that an FIR bearing No. 198 of 2015 came to be lodged with Police Station, Budgam, alleging therein that an information was received from the police personnel deployed for the security of officers residing at Budgam that one lady, after breaking the security cordon and using abusive language against the officials, entered the residence of an officer. On the basis of this information, aforesaid FIR for offences under section 447- A of RPC came to be registered and investigation was set into motion. After investigation of the case, it was found that on 26.07.2015, while the police officials were on duty near the residence of officers of district Budgam, the petitioner, who claimed herself to be the wife of SSP, Budgam, crossed the security barrier, trespassed into the residence of the SSP and also hurled abuses in the name of the SSP. It was also found that the petitioner had prevented the security personnel deployed over there from perform
Prashant Bharti vs. State (NCT of Delhi)
Priti Saraf and Another vs. State of NCT of Delhi and Another
The central legal point established in the judgment is the need for material of sterling and impeccable quality to quash criminal proceedings, and the legality of a wife's entry into her husband's re....
Cruelty – Court must guard against false and vindictive cases..
Point of Law : House Tress-pass - Quash of criminal Proceedings - Mere pendency of the civil suit cannot operate as a bar with regard to investigation in event any offence is committed during pendenc....
Power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires court to be cautious. It casts an onerous and more diligent duty on court.
The court's decision to exercise the inherent powers under Section 482 of the Cr.P.C. is predicated on the facts of each case, and the court cannot weigh the material to determine the truth in the co....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.