Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name  
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Criminal Law
 Search Tips
Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2014-SC-CRL-May-11

Mosiruddin Munshi Vs.Md. Siraj and Another

Head Note

Indian Penal Code,1860  - Section 420 , Section 120-B , The Code of Criminal Procedure, 1973  - Section 156 (3) , Section 482

Quashing criminal proceedings including the FIR - Principle providing for exercise of the power by a High Court under Section 482 - High court misapplied the law and quashed the FIR - Having no title, the accused induced the complainant and extracted a sum of Rs. 5,00,001/- from the complainant with an intention not to transfer the land infavour of complainant - Apex court held that The averments in the complaint would prima facie make out a case for investigation by the authority.The High Court has adopted a strictly hypertechnical approach and such an endeavour may be justified during a trial, but certainly not during the stage of investigation. At any rate it is too premature a stage for the High Court to step in and stall the investigation by declaring that it is a civil transaction wherein no semblance of criminal offence is involved. The appellant, is therefore right in contending that the First Information Report should not have been quashed in this case and the investigation should have been allowed to proceed. We, therefore, allow this appeal and set aside the impugned order.

Topic(s)-Quashing of FIR – Cheating – Quash set aside







Full Judgement Body


     
@2016 Indian Law
Name  
Email ID
Please Wait..