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1998 Supreme(All) 1031

S.K.PHAUJDAR
MARINAL KANT MALLIK – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Namwar Singh, SANJEEV SINGH, Sudhir Singh,

S. K. PHAUJDAR, J.

Through this ap plication under Section 482, Cr. P. C the applicants desired that the entire proceed ings in pursuance of the F. I. R. dated 2-8-1998 under Section 498-A, I. P. C. read with Sections 3/4 of the Dowry Prohibition Act relating to Police Station Rudrapur, Dis trict Udham Singh Nagar, be quashed. A question arose whether an investigation or an F. I. R. could be quashed in exercise of powers under Section 482, Cr. P. C. or if the proper proceeding there fore would be one under Article 226 of the Constitution of India.

2. The learned counsel for the ap plicants relied on certain decisions of the Supreme Court to say that in proper cases an F. I. R. and investigation could be quashed even in exercise of powers under Section 482, Cr. P. C. , in terms of the decision of the Supreme Court in the case of Ch. Bhajan Lal [state of Haryana v. Ch. Bhajan Lal], as reported in A. I. R. 1992 S. C. 604; 1993 JIC 534 (SC ). On the other hand, the learned A. G. A. submitted that the Allahabad High Court had ruled in the case of A. S. Bindra (Criminal Misc. Writ Petition No. 1342 of 1997) that the decision of a seven Judges Bench of this High Court in Ram Lais case was















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