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2013 Supreme(SC) 36

V.GOPALA GOWDA, B.S.CHAUHAN
STATE REPRESENTED BY INSPECTOR OF POLICE, CHENNAI – Appellant
Versus
N. S. GNANESWARAN – Respondent


ORDER

1. This appeal is directed against the order dated 25th November, 2003 passed by the High Court of Judicature at Madras in Crl.M.P.No.2302 of 2003 filed under Section 482 of Criminal Procedure Code, (hereinafter referred to as ‘Cr.P.C.’), for quashing the FIR in Cr.No.RC MAI 2002A 0052 dated 11.10.2002 urging various legal contentions.

2. For the purpose of appreciating the rival legal contentions urged on behalf of the parties the brief facts are stated hereunder.

The appellant herein registered a case against the respondent under Section 120B read with Sections 420, 467, 468 and 471, Indian Penal Code, read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. The respondent had challenged the said FIR registered against him and sought for quashing of the same. The principal legal contention urged before the High Court in the Cr.M.P. filed under Section 482 of Cr.P.C. to quash the FIR proceedings is that sub-section (2) of Section 154, Cr.P.C. contemplate that a copy of such information recorded shall be issued forthwith, free of cost to the informant, is a mandatory requirement. On the basis of the said legal contention the respondent has sought for qu







































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