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ARUN KUMAR SINGH DESHWAL
Shailendra Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard learned counsel for the applicants and Sri Arvind Kumar Tripathi, learned AGA for the State and perused the record.
2. Present application under Section 482 Cr.P.C. has been filed with the following prayer:
3. The contention of the learned counsel for the applicants is that from the material collected during investigation no case is made out against the applicants as the allegations made are absolutely vague. He further submitted that though the charges have been framed on 23.06.2018, the applicants are also released on bail in the impugned proceedings. In support of his case, for delayed filing of the present application after almost about more than nine year
The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings only in exceptional cases where the material produced by the accused rules out the charges and the trial would....
Power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner, but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there i....
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 ....
Delay in lodging an FIR undermines its credibility, and general allegations without specifics can lead to quashing of proceedings under Section 482 of Cr.P.C.
The main legal point established in the judgment is that the power under Section 482 of the Cr.P.C. should be exercised sparingly and that filing a successive petition without new grounds is not an a....
Courts should exercise quashing powers sparingly and allow reasonable time for investigation before considering quashing criminal proceedings.
The court established that both civil and criminal proceedings can coexist, and quashing under Section 482 of the Cr.P.C is reserved for exceptional cases where proceedings are frivolous or malicious....
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