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G. S. AHLUWALIA
Kehar Singh Khangar – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This application under section 482 of Criminal Procedure Code has been filed for quashment of FIR in Crime No. 53/2021 registered at Police Station Mohangarh, District Tikamgarh for offence under sections 3, 7 of Essential Commodities Act.
2. It is the case of applicant that he is working as Assistant Salesman in Government Fair Price Shop Dargaykhurd, District Tikamgarh. On 12-9-2020, Tehsildar Digora conducted a spot inspection and certain complaints were made of villagers that applicant is not distributing ration regularly and he does not open the shop on time. It was also found by the Tehsildar that the applicant had kept the ration of two months in another store and accordingly, the shop was sealed and report was sent to the SDO. On the report lodged by Junior Supply Officer on 27-2-2021, offence has been registered at Police Station Mohangarh, District Tikamgarh.
3. Challenging the said FIR, it is submitted by counsel for the applicant that FIR was lodged without giving any opportunity of hearing to the applicant. Although the applicant was shown to be the Assistant Salesman but there is no such post in the Society. Applicant is not involved in the said crime and FIR has
A suspect has no right to a pre-registration hearing before an FIR is lodged, as established by the Criminal Procedure Code.
The main legal point established in the judgment is that the law does not provide for a suspect to have a pre-registration hearing before the registration of an FIR, and the court's decision was base....
The court confirmed that an FIR under the Essential Commodities Act does not require a Collector's recommendation, and accused have no right to be heard prior to FIR registration.
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 High Court cannot assess the reliability of evidence or conduct a mini trial when considering an application under Section 482 of the Code of Criminal Procedure.
Registration of FIR under section 497 IPC, found unconstitutional, deemed illegal; permission for investigating section 506 IPC required, thus highlighting the need for judicial discretion in FIR reg....
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
The court affirmed that ongoing investigations by CID Crime are valid despite no FIR being registered, emphasizing that courts should not interfere unless exceptional circumstances arise.
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