BILAL NAZKI, GODA RAGHURAM, P.S.NARAYANA
Girish Sarwate – Appellant
Versus
State of A. P. & Another – Respondent
Bilal Nazki, J.
This matter has come before this Court on reference by a Division Bench of this Court. The reference of the division Bench is a result of reference by a Single Judge. The question which needs to be answered is whether the High Court is empowered under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.�) to quash the First Information Report (FIR). There are four judgments of this Court. The first one and the earliest in point of time is Hasan Ali Khan vs. State of A.P. 1992 (1) ALT 146. The second one is S. Sarat Babu Chowdary vs. Inspector of Police 1992 (3) ALT 454 (DB). The third one is Pearl Beverages Limited vs. State of A.P. 2000 (2) ALD (Crl.) 32 A.P., and the last judgment is Gudavalli Murali Krishna and Others v. Gudavalli Madhavi 2001 (1) ALD (Crl.) 689 (A.P). In Hasan Ali's case (1 supra) this Court held that powers under Section 482 Cr.P.C. can be exercised by High Court only after initiation of criminal proceedings after a charge sheet is filed and not at the stage of investigation. In Sarat Babu's case (2 supra) the Division Bench held that High Court does not possess any power to quash FIR under Section 482 Cr.P.C. In a way
Referred to : Ajay Mitra v. State of M.P.
1. B.S. Joshi v. State of Haryana
3. Hasan All Khan v. State of A.P.
4. M. Narayandas v. State of Karnataka
10. Rishi Anand and another v. Government of NCT of Delhi and others
11. S. Sarat Babu Chowdary v. Inspector of Police
12. S. W.Palanitkar v. State of Bihar
13. Satvinder Kaur v. State (Government of NCT of Del/i)
14. State ofHaryana v. Bhajan Lal
16. State of Tamilnadu v. Thirukkural Perumal
7. Mahavir Prashad Gupta v. State of National Capital Territory of Delhi
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