Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Kirpal Singh Kooner – Appellant
Versus
State Of U.T., Chandigarh – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for setting aside a part of the judgment/directions contained in Para 36 of the judgment dated 20.01.2023 passed by the Judicial Magistrate 1st Class, Chandigarh (Annexure P-1) in FIR No.406 dated 09.11.2012 under Sections 323, 452, 506 and 34 IPC, Police Station Sector 31, Chandigarh wherein while acquitting the accused observations have been made that due to unfair and faulty investigation conducted by both the investigating officers and the SHO concerned i.e. the petitioner, the right to life and liberty of the accused persons provided under Article 21 of the Constitution was curtailed and their acts amounted to the commission of offences under Sections 166-A and 167 IPC and that the copy of the judgment be sent to the Senior Superintendent of Police, Chandigarh for necessary action with a further prayer that FIR No.0015 dated 27.01.2023 under Sections 166A and 167 IPC, Police Station Sector 31, Chandigarh be quashed being an abuse of the process of the law.
2. The brief facts of the case are that an FIR No.406 dated 09.11.2012 under Sections 323, 452, 506 and 34 IPC, Police Station Sec
The main legal point established in the judgment is the importance of exhausting alternate remedies before approaching the High Court for the registration of an FIR and the direction of a proper inve....
The court emphasized the necessity of conducting a preliminary inquiry before proceeding with an FIR to prevent abuse of legal process in cases with potential ulterior motives.
Adverse judicial remarks against an Investigating Officer cannot be made without granting an opportunity for hearing, violating natural justice principles.
The court emphasized that a complaint filed after significant delay, introducing new allegations, can constitute an abuse of process, especially when prior investigations contradict the claims.
: Judicial restraint and discipline are as necessary to orderly administration of justice.
The Court has inherent powers under Section 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some ra....
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 ....
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
