IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI
Intikhab Hussain Din, Chief Manager – Appellant
Versus
Bashir Ahmad Malik Development Officer (Agent) United India Insurance Company Ltd. – Respondent
ORDER :
The issues involved in the instant petitions are akin and analogues to each other, as such, are being together disposed of hereunder.
1. Before adverting to the issues involved in the petitions a brief background of the case emerging from the record is detailed out hereunder: -
The Anantnag Cooperative Central Bank (for short the Bank)had let out the premises of first floor of a two storied tin roof building situated at Mehdikadal Anantnag to the United India Insurance Company Anantnag (for short the Insurance Company).
In the month of June 1998 the Insurance Company filed a suit for permanent injunction against the bank and its officers before the court of Munsiff 1st Class Magistrate, Anantnag praying therein for a decree of permanent injunction for restraining the bank and its employees from causing any interference in the premises taken on rent by the Insurance Company. The said suit came to be decreed on 23.09.2002 by the said court in ex-parte restraining the bank and its employees permanently from causing any interference with the peaceful possession of Insurance Company of the demised premises.
Somewhere in the month of April, 2018, the bank through its Chief Manag
The court affirmed that a Magistrate can order police investigations under Section 156(3) CrPC, and the High Court should exercise caution in quashing FIRs unless no offence is disclosed.
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 ....
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
The High Court should not entertain petitions for FIR registration under Section 482 unless the complainant shows sufficient cause for not approaching the Magistrate first.
The High Court's inherent powers under Section 482 CrPC should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecutions.
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 court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
The High Court should refrain from direct interference in police investigations and encourage petitioners to seek redress through formal statutory remedies under the Criminal Procedure Code.
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
Points 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....
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