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RAHUL CHATURVEDI, MOHD. AZHAR HUSAIN IDRISI
Rajendra Bihari Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. 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:
(II) Issue an order or direction in the nature of manda
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 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 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 ....
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 ....
The court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
The power of quashing should be exercised sparingly, and the court should not interfere with the investigation unless no cognizable offense is disclosed in the FIR.
Point of law: The legal position on the issue of quashing of FIR or criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingl....
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