• Quashing petition u/s 482 of CrPC before High Court of Gujarat

I am trapped by A.C.B. on date 15 th and on the same date A.C.B.chief and D.G.P.held a press conference and in that P.C.they told the press that " our complainant was in touch with us since last 3-4 days and we were guiding him that how to talk with him and we advised him to clear mediaror from the deal" the.complaint was lodged with A.C.B.on 15th at 11.45 hours.this is a clear case of breach of mandatory requrement of section 154 of Cr.p.c.and as per judgement of supreme court of india in the case of LalitakumariVs.U.P.and ors.my Criminal revision application under section 397and 401 is dismissed by high court.what should i do now?
Asked 7 years ago in Criminal Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

1) you have not reproduced judgment of HC dismissing your revision application

2) you can file appeal against the said judgment before SC

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

quashing is to be done only in exceptional circumstances

2)if allegations made in FIR do not disclose commission of cognizable offence then HC can quash the complaint

3) wait for filing of charge sheet then take a call

4) during pendency of investigations HC would not quash the complaint

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Your query is not full of details and hence not much advice can be given.

2.Quashing is rarely allowed and unless there is prima facie case in your favour it would not be allowed.

3. If you send full case history and FIR then surely I can help further.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Since your revision has been dismissed by the HC the only corrective remedy for you now is to move the Supreme Court through SLP.

2. It is not clear as to on what grounds you filed the criminal revision and what was the relief sought therein. Unless the relief you desire to claim in quashing was claimed in the revision petition you are free to move the HC under 482.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

we had requested you to furnish copy of judgment dismissing your revision application by the HC

2)Sc has clearly held that a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973

3)At the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence in compliance with the mandate of Section 154(1) of the Code, the police officer concerned cannot embark upon an inquiry as to whether the information laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not reliable or credible. On the other hand, the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code to investigate, subject to the proviso to Section 157 thereof. In case an officer in charge of a police station refuses to exercise the jurisdiction vested in him and to register a case on the information of a cognizable offence reported and thereby violates the statutory duty cast upon him, the person aggrieved by such refusal can send the substance of the information in writing and by post to the Superintendent of Police concerned who if satisfied that the information forwarded to him discloses a cognizable offence, should either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by sub- section (3) of Section 154 of the Code.

4)in your case ACB merely laid a trap to catch you redhanded . there is no violation of provision of section 154crpc . there is no preliminary inquiry done by police

5)The category of cases in which preliminary inquiry may be made are as under:

a) Matrimonial disputes/ family disputes

b) Commercial offences

c) Medical negligence cases

d) Corruption cases

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Then go for SLP though I find little merit as the issue is pending beofre the 3 judge bench of the supreme court.

However the point as whether whether the Police is bound to register FIR before proceeding with the investigation of the case or it first investigate and then register FIR is pending beofre the larger bench due to conflict of decisions of two benches of the supreme court.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

Were you arrested by ACB without registering the FIR or Not?

If yes, then your arresting is illegal and you may file a Writ petition before the court against their illegal act.

if the ACB arrest you based on the complaint and later on they registered the case and then arrest you formally then you can not get any relief.

but if you think that they did not follow the procedure/ direction of the Hon'ble Supreme Court as held in the case of Lalitha Kumari V State of U.P. & Ors, then you may file a contempt petition against them before the Supreme Court of India.

Quashing will not be useful.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

complaint was lodged with A.C.B.on 15th at 11.45 hours.this is a clear case of breach of mandatory requrement of section 154 of Cr.p.c.and as per judgement of supreme court of india in the case of LalitakumariVs.U.P.and ors.my Criminal revision application under section 397and 401 is dismissed by high court.what should i do now?

Have you been released on bail, if so then think about filing a quash petition before high court on the basis of merits in your side.

The referred case may be of different circumstances to that of yours but you should not lose hopes.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Can I file a quashing petition before high court on this point that a.c.b.police has not follow the mandatory reqirement of section 154 of Cr.p.c.?

This alone may not draw merits or convince court to quash the complaint or FIR.

You have to present other material evidences in support of your pleadings.

This is a matter of trial during the trial proceedings.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

in his press conference acb chief tells press that "our complainant was in touch with us since last 3-4 days and we were guiding him that how to talk with him and we adviced him to clear from the deal"complaint was lodged with a.c.b.at 11:45 of 15th.I have video recording of a.c.b.chief's press conference that news channel broadcasts on 15th night.

Certain procedural aspects can be deviated in the trap cases being followed by ACB, hence your argument may not find merit to dismiss the FIR, hence you may be watchful about it.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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