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Quashing of complaint

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    • #112031 Reply
      Giga
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      CrPC Ss-482,190

      Quashing of complaint

      Geeta mehrotra and anr v.State of U.P. and anr.(AIR 2013 SC 181)
      T.S.THAKUR AND MRS.GYAN SUDHA MISRA , JJ. Issue

      complaint of cruelty by wife against husband, his parents and appellants, brother and sister of
      husband –Allegations as to active involvement of appellants in mater- Absent in FIR-Mere casual reference to their names in FIR-Not sufficient to take cognizance-Complaint against appellants liable to be quashed.

      Coming to the facts of this case, when the contents of the FIR is perused, it is apparent that there
      are no allegations against Kumari geeta Mehrotra and Ramji Mehrotra expect casual reference of their
      names who have been included in their FIR but mere casual reference of the names of the family members
      in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding.

    • #112032 Reply
      Giga
      Guest

      CrPC Sec 465

      Registration of case under Act without prior approval of District S.P.-Is defect that goes to root
      matter-Not curable under S. 465 of criminal P.C.
      Ashraf khan @ Bubu Munnekhan Pathan v. State of Gujarat.(AIR 2013 SC 217)

      H.L. DATTU AND CHANDRAMAULI Kr.PRASAD,JJ

      Section 465 of the code shall not be a panacea for all error, omission or irregularity. Omission to grant prior approval for registration of the case under TADA by the District Superintendent of police is not the kind of omission which is covered under Section 465 of the code .It is defect which goes to the root of the matter and it is not one of the curable defects.

    • #112038 Reply
      Giga
      Guest

      CRPC Secs 190,482

      Bhakta Hari Mohanty v.Bishnu Charan Swain.( (2013) 54 OCR 143)

      M.M.Das , J.

      Issue

      Taking of Congizance and issuance of process –No prima facie case –Held, proceeding should be
      nipped at the bud to prevent abuse of process of the Court.

      With regard to exercise of inherent power of this Court under Section 482 Cr. P.C., it is now well settled that an order taking cognizance of any offence or issuing process, where absolutely no prima facie case is made out against the accused persons, amounts to abuse of the process of law and should be nipped at the bud, as otherwise the same would tantamount to abuse of the process of the court.
      The Supreme Court, in the case of M/s. PEPSI Foods v. Special Judicial Magistrate and others, AIR 1998 SC 128 has expressed its view that summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion, as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegation in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of the allegation made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing the charge home against the accused.

    • #112039 Reply
      Giga
      Guest

      CRPC Section 210(1)

      Ambikesh Mohapatra & ors. V. Laxmipriya Manna.((2013) 54 OCR 189)

      B.K.NAYAK, J.

      Calling for police report –Complainant approached the police to take action against the accused –No
      averment that police accepted the F.I.R and proceeded with investigation or having registered the case
      delayed the investigation –Held, calling for police report by Magistrate was unjustified and suffer from non- application of mind.

      S. 190-At the stage of cognizance, the Magistrate has to reach a prima facie satisfaction –He has not to scrutinize the evidence to find out whether it is sufficient for conviction.

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