ARVIND SINGH SANGWAN
Beerinder Singh Yogi – Appellant
Versus
Manisha Chaudhary – Respondent
JUDGMENT :
ARVIND SINGH SANGWAN, J.
1. The petitioner alleges violation of the judgment dated 12.11.2013 passed by the Hon’ble Supreme Court of India in Writ Petition (Criminal) No. 68 of 2008, titled as Lalita Kumari vs. Govt. of U.P. and Others.
2. The case set up by the petitioner is that the father of the petitioner namely Harbhajan Singh Yogi was a practitioner in Ayurvedic Medicines, who died on 11.12.2009. On 03.11.2022, the brother of the petitioner namely Sukhjinder Singh Yogi along with some persons came to the clinic of the petitioner-Beerinder Singh Yogi and misbehaved with him. It is stated that despite giving a complaint to the police authorities, no action was taken. It is also stated that later on, a complaint under Section 156(3) Cr.P.C. was filed before the Illaqa Magistrate, in which an order has been passed by the Chief Judicial Magistrate, U.T. Chandigarh, on 25.01.2023, which reads as under:
(2) The complainant has filed the present application u/s 156(3) Code of Criminal Procedure, 1973 for issuance of direction to SHO, Police Station Sector 17, Chandigarh to register FIR u/s 120B, 354, 38
The central legal point established in the judgment is the requirement to establish intentional, dishonest, or fraudulent inducement and deception to constitute offences under Section 419 and Section....
An FIR disclosing a cognizable offense cannot be quashed under writ jurisdiction solely on the ground of the complainant's alleged mala fides or extraneous motives, as such factual disputes are to be....
Public servants cannot be prosecuted for actions taken in discharge of official duties without prior sanction, as established under Section 197 of the Criminal Procedure Code.
Under CrPC 156(3) pre-cognizance, Magistrate assesses prima facie case solely from complaint; cannot rely on police report. Pre-BNSS applications proceed under CrPC savings clause (BNSS 531).
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
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