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RAHUL CHATURVEDI, MOHD. AZHAR HUSAIN IDRISI
Rajendra Bihari Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rahul Chaturvedi, J.
Heard Sri Anuj Srivastava, learned counsel for the petitioners, Sri A.K.Mishra, learned Advocate General assisted by Sri P.C. Srivastava, learned Additional Advocate Geneal, Sri A.K.Sand, Government Advocate and Sri Ghanshyam Kumar, learned Additional Government Advocate appearing for the State and perused the records.
2. The instant writ petition is being filed by the seven petitioners, namely, (i) Most Rev. Prof.Rajendra Bihari Lal, (ii) Smt. Rekha Patel, (iii) Prof. Ramakant Dubey, (iv) Sri Vinod Bihari Lal, (v) Prof.Smt. Ranu Prasad, (vi) Rev. David Philiphs and (vii) Sri Sunil Kumar John. All the petitioners are jointly invoking the extra ordinary powers of this court enshrined under Article 226 of the Constitution of India with the prayer :-
The court established that FIRs alleging cognizable offences should not be quashed prematurely; police investigations must be allowed to proceed without judicial hindrance at initial stages.
The court affirms that the police must investigate cognizable offences and the quashing of FIR should be exercised cautiously, only in rare cases.
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
Point of law: While holding the constitutional validity of the various provisions of the Gangster Act, the Court was of the view that under this Act, a person can be accused of an offence only if he ....
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