Back
MOHAN LAL
Gian Chand Khajuria, S/o. Puran Chand Khajuria – Appellant
Versus
State of Jammu and Kashmir through Police Station Vigilance Organization Jammu – Respondent
JUDGMENT :
1. Petitioner by the medium of instant petition filed under section 561-A [now Section 482 Cr.PC] of Code of Criminal Procedure (hereinafter referred as to the "Code") has sought the quashment of FIR No. 28 of 2017 registered with Police Station Vigilance Organization Jammu against him for commission of offences punishable under Sections 5(1)(c)(d) r/w Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act Svt 2006 r/w Sections 420, 120-B RPC, on the following grounds:-
(ii) that during the period w.e.f. 11.05.2013 to 12.02.2014 (for total period of 9 months) petitioner remained posted as I/C Tehsil Supply Officer (TSO) Hiranagar in terms of order No.86 DCAPDJ of 2013 dated 11.05.2013, whereafter, he was transferred out of Hiranagar by virtue of order No.58-DCAPDJ of 2013 dated 13.02.2014 issued by Director of Consumer Safaris and Public Distribution Jammu;
(iii) that t
The power to quash a criminal proceeding should be exercised sparingly and with caution, and there must be factual supporting material in the FIR to fasten the accused with criminal liability.
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
High Courts may quash FIRs under Section 482 CrPC only in exceptional circumstances, with a prima facie case against accused warranting investigation.
The power to quash a complaint/FIR under Section 482 of the Cr.P.C. should be exercised sparingly and is an exception rather than an ordinary rule.
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
