J.C.MISHRA
DALBIR – Appellant
Versus
S H O R S BHOGPUR DISTT GHAZIABAD – Respondent
This petition under Section 482, Cr. P. C has been filed for quashing the first information report dated 31- 12-97 lodged at police station Bhojpur, district Ghaziabad having case crime No. 185/1997 under Sections 177, 407,408,420 and 468, I. P. C. on the ground that the F. I. R. does not disclose any of fence and the controversy is purely of a civil nature.
2. The learned A. G. A. raised prelimi nary plea that since charge- sheet has not been submitted the petition is not main tainable in view of the pronouncement of the Division Bench of this Court in A. S. Bindra v. Senior Superintendent of Police & Ors. , Civil Misc. Writ Petition No. 1342 of 1997 decided on 16-12-97. The Division Bench held that the law Laid down in Full Bench decision of this Court in Ram Lal Yadava v. State of U. P. , 1989 Cr. LJ. 1013: 1989 JIC (All) (FB), still holds good and no contrary view was taken by the Supreme Court.
3. The learned Counsel for the ap plicants contended that Supreme Court has held that the inherent powers of High Court can be invoked even before submis sion of the report under Section 173, Cr. P. C. and since any law, Laid down by the Supreme Court is law of the land i
Relied on : Ram Lal Yadava v. State of U.P.
Supreme Court in State of Hatyana v. Bhajan Lal
Santa Dal v. H.S. Chaudhary and Ors.
S. N. Sharma v. Vipin Kumar Tewari
State of Haryana and Ors. v, Chaudhary Bhajan Lal and Ors.
State of Tamil Nadu v. Thirukkural Perumal
State of Himachal Pradesh v. Pirthi Chand and Anr.
Rashmi Kumar (Smt) v. Mahesh Kumar Bhada
State of West Benqul v. Swapan Kumar Guha
State of Bihar v. J.A. C. Saldan
Shri Virendra Kumar Sharda and Anr. v. Shri Rajiv Poddar and Ors.
State of Bihar v. Rajendra Agarwal
Municipal Corporation of Delhi v. Ram Kishan Rohtagi and Ors.
State of U.P through C.B.I. S.P.E. Lucknow and Anr. v. R.K. Srivastava
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