Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Vishav Bhooshan Sood – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manisha Batra, J.
The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short 'BNSS') seeking quashing of FIR No.275 dated 30.10.2022 registered at Police Station Division 5, District Police Commissionerate Ludhiana under Sections 341, 342, 347 and 506 read with Section 34 of IPC, challan report filed under Section 173 of Cr.P.C. as well as the order dated 09.07.2024 passed by the Additional Chief Judicial Magistrate, Ludhiana, whereby the cancellation report submitted by the police had been rejected and the subsequent proceedings having emanated therefrom.
2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a statement recorded by respondent No.2-Vineet Goyal on 30.10.2022, alleging therein that he had purchased a Farm house at Sarabha Nagar, Ludhiana in the year 2018. The sale deed was registered in the name of his wife and himself. The present petitioner owned a plot adjoining to the property so purchased by his wife and himself. He had been pressurizing the respondent No.2 to purchase the same by asking for exaggarated sale consideration a
Power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires court to be cautious. It casts an onerous and more diligent duty on court.
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
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
