Back
VINOD CHATTERJI KOUL
Inspector Raies Hassan Wani – Appellant
Versus
Union Territory of J&K – Respondent
JUDGEMENT
1. Petitioner seeks quashing of the FIR no. 15/2022 for commission of the offences punishable under Section 7 of the Prevention of Corruption Act, registered in the police station Nishat in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure.
2. The case set up by the petitioner is that he was posted as SHO police station Parimpora and was transferred and posted as SHO police station Nishat on 27.01.2022. In terms of Order No. 353 of 2022 dated 26.03.2022, petitioner was attached to DPL, Srinagar. It is stated that a false and frivolous complaint was filed by respondent no. 8 against petitioner and respondent no. 7 with respondent no. 2, stating therein that he holds the contract of Tulip Garden but SHO P/S Nishat with one of the cops was asking for bribe and unnecessarily harassing him and as such, action be taken against petitioner and the cop. The complaint was forwarded to respondent no. 3 for action as warranted under law, who in turn forwarded the same to respondent no. 4, who also endorsed the complaint to respondent no.6 for his information. Respondent no. 6 registered impugned FIR no. 15/2022 against petitioner and respondent no. 7.
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 power under Section 482 of the Code of Criminal Procedure, 1973 should be exercised sparingly, carefully, and with caution, and only when justified by the tests laid down in the section itself. Q....
The power under Section 482 Cr.P.C. is to be exercised sparingly and with circumspection, and the court must evaluate whether the ends of justice would justify the exercise of the inherent power.
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 CrPC should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecutions.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
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....
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
