Back
SIDDHARTHA VARMA, RAM MANOHAR NARAYAN MISHRA
Anil Tuteja – Appellant
Versus
Station House Officer – Respondent
| Table of Content |
|---|
| 1. filing of writ petitions with specific prayers. (Para 1 , 2 , 3 , 4) |
| 2. judicial scrutiny of fir basis and related communications. (Para 5 , 8 , 10 , 25) |
| 3. arguments regarding the validity of evidence obtained under pml act. (Para 6 , 14 , 15 , 20 , 21) |
| 4. quashed prosecution complaint's implications on fir validity. (Para 9 , 19 , 27) |
| 5. dismissal of writ petitions citing established cognizable offences. (Para 30 , 31) |
JUDGMENT :
SIDDHARTHA VARMA, J.
1. Criminal Misc. Writ Petition No. 6236 of 2024 (Anil Tuteja vs. Station House Officer & Ors.) has been filed with the following prayers:
(B) Issue appropriate writ, order or direction to stay the operation and effect of the FIR dated 30.7.2023 bearing FIR No. 196/2023 dated 30.7.2023 u/s 420, 468, 471, 473, 484, 120-B IPC PS Kasna, District Greater Noida, Uttar Pradesh (“Impugned FIR”) registered by the Responde
The court affirmed that even if a prosecution complaint is quashed, information under Section 66(2) of the PML Act can justify the lodging of an FIR, as it discloses cognizable offences.
The court affirmed the validity of FIRs registered by different agencies for distinct offences, emphasizing the necessity of ongoing investigations into serious allegations of corruption and money la....
The presence of a scheduled offence legitimizes the existence of an ECIR and allows the department to continue the investigation. However, the settlement or quashing of scheduled offences in FIRs pro....
A predicate offence must exist for PMLA investigations to proceed; if proceedings are stayed, then related investigations, including ECIR and NBWs, must also desist.
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
(1) Any aggrieved person can alert court about commission of a crime committed with intent to mislead court or to scuttle proceedings pending before it.(2) If other offences are interwoven and insepa....
A writ petition challenging a summons issued under the Prevention of Money-Laundering Act is premature and not maintainable, as such inquiry does not require a prior formal criminal report, and tax s....
The court established that an FIR cannot be quashed solely on jurisdictional grounds if it discloses a cognizable offence, and that the police have a statutory duty to investigate such offences.
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
