Back
PREM NARAYAN SINGH
Shubham – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Prem Narayan Singh, J.
The applicants have filed the present petition under section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR bearing Crime No. 422/2023 registered at Police Station-Kotwali District Dhar for the offence under sections 420, 406, 409 read with 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and section 6(1) of the M.P. Nikshepako Ke Hiton Ka Sanrakshan Adhiniyam, 2000 (hereinafter referred to as “Adhiniyam, 2000”) and all further proceedings.
2. As per prosecution case, the respondent No. 2/complainant has lodged a written complaint at Police Station Kotwali District Dhar against the applicants along with four other persons that they formed a chit fund company and obtained deposits from the depositors. In the meeting held at Shradha Garden, Dhar, co-accused Ritesh Panchal, Director of the Company along with co-accused Pankaj Solanki, Local Manager of the company explained the investment plan of the company. The said company offered huge profit on the investment. In its regular course of business of the company through its employees and workers contacted the public and made them believe that if they invest money in
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
Quashing – High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
The sparing and cautious exercise of inherent power under Section 482 of the Code of Criminal Procedure, considering the nature and gravity of the offences, the impact on society, and the possibility....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
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
