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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Lt Gen Inderjit Singh Avsm Vsm (Retd) – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to fir registration (Para 1 , 2) |
| 2. arguments supporting the petitioner (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. judicial analysis of allegations and evidence (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 4. stay on the impugned order (Para 39) |
| 5. quashing of the fir (Para 40 , 41) |
JUDGMENT
AMIT MAHAJAN, J.
1. The present petition is filed challenging the order dated 26.08.2020 (hereafter ‘impugned order’), in CC No. 5320/2020, whereby the learned Trial Court gave directions to the concerned DCP to lodge an FIR against the petitioner. The petitioner is also seeking quashing of the FIR which has been registered pursuant to the impugned order.
2. The brief facts of the case are as follows:
2.1. A complaint was made by Respondent No.2 under Section 156(3) of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking registration of FIR against the petitioner for the offence under Section 376 read with Section 511 and under Sections 307 /320/323/339/354/354A/354B/355/503/506/509 of the INDIAN PENAL CODE , 1860 (‘IPC’). The petitioner and Respondent No.2 are neighbours and i
The court emphasized that allegations of serious offences must be supported by credible evidence before an FIR is registered, and the failure to do so constitutes an abuse of the judicial process.
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid l....
The central legal point established in the judgment is the cautious exercise of inherent powers under Section 482 Cr.P.C. to prevent abuse of the process of court and secure the ends of justice.
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 ....
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
The court emphasized the need to prevent abuse of the legal process and ensure that the exercise of inherent powers under Section 482 of Cr.P.C. serves the ends of justice.
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