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SIDDHARTHA VARMA, RAM MANOHAR NARAYAN MISHRA
Anil Tuteja – Appellant
Versus
Station House Officer – Respondent
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 Respondent No. 1 and all investigations and proceedings emanating therefrom.
(C) Issue appropriate writ, order or direction to quash the Impugned Letter dated 28.07.2023 along with all consequential actions and proceedings emanating therefrom as being illegal and in contempt of the Orders of the Hon’ble Supreme Court.”
2. Criminal Misc. Writ Petition No. 6194 of 2024 (Anwar Dhebar vs. State of U.P. & Ors.) has been filed with the following praye
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....
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.
(1) Bail – Predicate offence – Even under PMLA governing principle is that “Bail is Rule and Jail is Exception”.(2) When accused is in custody under PMLA irrespective of case for which he is under cu....
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