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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI
Gurmeet Singh – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. quashing fir under ipc sections. (Para 2 , 3) |
| 2. challenges against supplementary challan. (Para 10 , 11 , 12) |
| 3. discussion on further investigation necessity. (Para 13 , 15 , 17) |
| 4. role of magistrate in further investigation. (Para 18 , 22) |
| 5. no self-incrimination before accused status. (Para 25 , 26 , 28) |
| 6. dismissal of petition for quashing fir. (Para 32) |
JUDGMENT :
JASJIT SINGH BEDI, J.
1. The prayer in the present petition under Section 528 of BNSS , 2023 is for quashing of the FIR No.0016 dated 18.01.2017 initially registered under Sections 120-B , 406, 420, 506 (subsequently added Sections 201 & 109 IPC ) at Police Station Ellenabad, District Sirsa (Annexure P-1), the final Report No.1B dated 06.03.2025 (Annexure P-8) qua the petitioner and all consequential proceedings arising therefrom.
2. The brief facts of the case are that the petitioner who was the initial complainant got registered an FIR No.0016 dated 18.01.2017 under Sections 120-B , 406, 420, 506 (subsequently added Sections 201 & 109 IPC ) at Police Station Ellenabad, District Sirsa against six accused persons alleging that the accused in connivance with each other had fraudulently induced the petit
The court affirmed that supplementary investigations can designate new accused based on ongoing inquiries, and protections against self-incrimination under Article 20(3) apply only after formal accus....
The judgment established the principle that a second FIR for the same cause may not be permissible if the incidents could have been investigated in the first FIR, and that the abuse of power by the I....
(1) Offence under Prevention of Corruption Act is a substantive offence.(2) Merely because offence of conspiracy may be involved, investigation into substantive offence which is cognizable is not req....
It is well settled law that if a judgment is referred to a larger Bench, proposition of law so enunciated in judgment does not lose its efficacy and it continues to remain a binding precedent till ov....
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
Point of Law : Power under Section 482 Cr.P.C. to quash criminal proceedings, High Court would have to proceed entirely on basis of allegations made in complaint or documents accompanying same per se....
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