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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manisha Batra, J
Tata Sia Airlines Limited – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of the petition for fir registration and underlying fact pattern. (Para 1 , 2 , 3) |
| 2. summary of rival arguments regarding fir registration and maintenance of section 482 petition. (Para 4 , 5 , 6) |
| 3. legal analysis of magistrate's jurisdiction under section 156(3) crpc and exercise of inherent powers. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. necessity of police investigation for complex crimes requiring technical expertise and evidence recovery beyond complainant's reach. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. final order quashing the magistrate's decision and directing investigation. (Para 22) |
MANISHA BATRA, J.
1. This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short ‘the Code’), which corresponds to Section 528 of BNSS, 2023, seeking directions to official respondents No. 1 to 4 for registering an FIR, on the basis of the complaint dated 29.05.2015 moved by the petitioner, against respondent No. 5-Sanjeev Kumar Kapoor and also for setting aside the order dated 28.10.2015, passed by the learned Judicial Magistrate First Class, Gurugram in Complaint bearing No. 456 of 2015 (Annexure P-21), title
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