Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Shree Prakash Singh,J.
Ramesh Kumar Srivastava – Appellant
Versus
State Of U.P Thru Home Secy. Annexe Bhawan Lucknow – Respondent
| Table of Content |
|---|
| 1. application to quash orders and chargesheet based on factual background. (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by the applicants regarding evidence and malafide intentions. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's observations on the credibility of evidence and motives behind the allegations. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. legal standards for quashing criminal proceedings under section 482 cr.p.c. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. conclusion and order to quash the criminal proceedings. (Para 28 , 29 , 30 , 31) |
JUDGMENT :
Shree Prakash Singh,J.
1. Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicants and Sri Nirmal Kumar Pandey, learned A.G.A. for the State-Respondent.
2. The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the impugned orders dated 19.12.2007 and 22.7.2013 passed by the learned Chief Judicial Magistrate Lucknow in Case No. 17162/2007, State Vs Ramesh Kumar Srivastava and Others, as well as the impugned Chargesheet No. 202/207 dated 18.12.2007 under Section 325 and 506 I.P.C., Case Crime no. 77/2007, Police Station-Kotwali Hazratganj, district-Lucknow.
3. From perusal of the o
The court may quash criminal proceedings under Section 482 Cr.P.C. if allegations are based on malice, lack credible evidence, and constitute an abuse of process.
The absence of medical evidence and post-mortem reports precludes establishing a prima facie case for homicide, raising doubts about the informant's motives.
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
Point of law : In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions re....
The power to quash criminal proceedings under Section 482 Cr.P.C. should be exercised sparingly and with circumspection, and the serious impact of certain offenses on society should be considered.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
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 ....
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
