ANIL VERMA
Sarita Bai – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition is preferred under section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for quashment of First Information Report registered at Police Station – Station Road, Ratlam bearing Crime No.572/2018 for offences punishable under section 224, 120-B, 212 and 216 of the Indian Penal Code, 1860 (in short 'IPC') and consequential proceedings including Criminal Case No.1957/2018 pending before the Court of Judicial Magistrate First Class, Ratlam.
2. The facts of the case in brief are that the complainant (Constable No.207 Ravi Pahadiya) gave a complaint before the Police Station – Station Road, Ratlam by stating that the present applicant and other co-accused persons helped in absconding the accused, who was in custody for the offence punishable under the Narcotics Drugs and Psychotropic Substances Act, 1985 and another case. On 20.9.2018 co-accused Banti @ Mahipal was brought before the Ratlam Court by the police officials, then with the help of present applicant and other co-accused persons he fled away and absconded from the custody of the police officials. Therefore, a complainant has been launched Station Road Police Station, Ratlam and offence has been
The court established that FIRs can be quashed when they are found to be filed with mala fide intentions and do not disclose a prima facie case against the accused, particularly in the context of per....
The main legal point established in the judgment is the application of Section 482 of the Code of Criminal Procedure, 1973 to prevent abuse of the process of court and secure the ends of justice, par....
The power of quashing should be exercised sparingly and only in exceptional circumstances when a prima facie case is not made out against the accused. The court also highlighted the principles that g....
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The main legal point established in the judgment is that the quashing of an FIR may be justified based on the lack of following mandatory requirements of law, absence of prima facie evidence of a cog....
The inherent powers of the High Court under Section 482 of the Cr.P.C. should be exercised sparingly and with caution, and the court should not embark upon an inquiry into the reliability of the evid....
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