Back
SAMEER JAIN
Lal Bahadur Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Case called out in the revised list. None is present on behalf of the opposite party No. 2 even in the revised call.
2. Heard Sri Sumit Goyal, learned counsel for the applicants; Sri M.P.S. Gaur, learned AGA for the State-respondent and perused the record of the case.
3. The present Application u/s 482 Cr.P.C. was filed by the applicants for quashing the charge sheet and proceedings of Case No. 2507 of 2008 under Section 504 IPC, P.S. Barra, District Kanpur Nagar arising out of case crime No. 287 of 2007 pending before ACMM-Ist, Kanpur Nagar.
4. As per prosecution case, on 29.6.2007 FIR of the present case was lodged under Sections 452, 323, 504, 506 IPC at P.S. Barra, District Kanpur Nagar with the allegation that on 19.4.2006 at about 8 am in the morning, applicants entered in the house of opposite party No. 2 and started beating him and when neighbours intervened then they went back to their home after abusing and threatening him. After investigation, charge sheet against the applicants was filed only under Section 504 IPC. Learned Magistrate took cognizance on 2.5.2008 and issued summons to the applicants.
5. Learned counsel for the applicants contended that altho
Point of law : In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions re....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
The power under Section 482 of the Code of Criminal Procedure, 1973 should be exercised sparingly, carefully, and with caution, and only when justified by the tests laid down in the section itself. Q....
The power to quash criminal proceedings should be exercised sparingly and in rarest of rare cases, and a prima facie case must be established for the charges to be framed.
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
