IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL, J
Nagraj V. – Appellant
Versus
UT of J&K through P/S Anantnag – Respondent
JUDGMENT :
1. Quashment of Charge-Sheet titled as UT of J&K v. Nagraj V. and others, pending before the court of Chief Judicial Magistrate, Anantnag, as well as FIR no.77/2024 registered in police station Anantnag under Section 420 IPC is sought in the instant petition preferred under Section 482 of the Code of Criminal Procedure read with Section 528 of Bharatiya Nagrik Suraksha Sanhita (BNSS) of 2023.
2. The case set up by petitioner is that he is a Member of Bhartiya Janta Party and is also an entrepreneur. He had contested Assembly Election in the State of Tamil Nadu in the year 2016 on the ticket of said party. It is also the case of petitioner that respondent No. 2 is a Government Official and is serving as a Major in Army and is posted in Khanabal area of District Anantnag. It is also stated by petitioner that respondent No.2 approached petitioner through his friend, who happens to be a Parliament Director, in the first week of August 2023 in New Delhi and subsequently kept on insisting the petitioner to visit Kashmir as respondent no.2 was posted in Anantnag. Petitioner came to Kashmir and since Amarnath Yatra was going on, he performed Holy Amarnath Yatra. Respondent No. 2 i
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs must be exercised sparingly, ensuring sufficient grounds exist for proceeding against the accused without assessing evidence p....
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.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save preci....
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