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Home › Forums › Criminal Law Discourse › Chirag M. Pathak & Ors. Etc. Vs. Dollyben Kantilal & Ors (15/11/2017)
Tagged: Quashing FIR
The condition precedent to the commencement of investigation under S.157 of the Code is that the F.I.R. must disclose, prima facie, that a cognizable offence has been committed. It is wrong to suppose that the police have an unfettered discretion to commence investigation under S.157 of the Code. Their right of inquiry is conditioned by the existence of reason to suspect the commission of a cognizable offence and they cannot, reasonably, have reason so to suspect unless the F.I.R., prima facie, discloses the commission of such offence.
[See the full post at: Chirag M. Pathak & Ors. Etc. Vs. Dollyben Kantilal & Ors (15/11/2017)]