38.6c New Delhi, India, Sunday, June 16, 2024
Judiciary

FIR can be quashed if there is abuse of process of law: SC

By Namya Bose      03 March, 2021 04:07 PM      0 Comments
FIR can be quashed if there is abuse of process of law: SC

A High Court can quash an FIR, invoking the power given under article 226 of the Indian Constitution, if it is found to be abusive to the due process of law- observed the Supreme Court

The Allahabad High Court dismissed a writ petition which was made by the accused, for quashing of the FIR which was registered under Section 420 and 406 of the Indian Penal Code, 1860.

Justices DY Chandrachud and MR Shah, allowed the appeal observing that Article 226 was designed to make sure that criminal proceedings don’t degenerate into system of harassment.

The Court said, 

“If the subsequent FIR is an abuse of process of law and/or the same has been lodged only to harass the accused, the same can be quashed in exercise of powers under Article 226 of the Constitution or in exercise of powers under Section 482 Cr.P.C. When the Court is satisfied that criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed. As held by this Court in the case of Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Section 482 Cr.P.C. is prefaced with an overriding provision. The statute saves the inherent power of the High Court, as a superior court, to make such orders as are necessary (i) to prevent an abuse of the process of any Court; or (ii) otherwise to secure the ends of justice. Same are the powers with the High Court, when it exercises the powers under Article 226 of the Constitution.

The Court on observation found to believe that the original FIR was an “abuse of process of law”. The bench added, “When the impugned FIR is nothing but an abuse of process of law and to harass the appellants-accused, we are of the opinion that the High Court ought to have exercised the powers under Article 226 of the Constitution of India/482 Cr.P.C. and ought to have quashed the impugned FIR to secure the ends of justice”

Another contention in the complaint with regard to section 156(3) Cr.P.C. was rejected by the Court saying, the Cr.P.C. allows for a complaint case, enquiry and trial as well as on by the police pursuant to the FIR.

The Judgement read, “Thus, as per Section 210 Cr.P.C., when in a case instituted otherwise than on a police report, i.e., in a complaint case, during the course of the inquiry or trial held by the Magistrate, it appears to the Magistrate that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. It also provides that if a report is made by the investigating police officer under Section 173 Cr.P.C. and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. It also further provides that if the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of Cr.P.C. Thus, merely because on the same set of facts with the same allegations and averments earlier the complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments."



Share this article:



Leave a feedback about this
TRENDING NEWS

india-tv-journalist-rajat-sharma-sues-congress-leaders-for-defamation
Trending Judiciary
India TV journalist Rajat Sharma sues Congress leaders for defamation

Veteran journalist Rajat Sharma sues Congress leaders for defamation in Delhi HC, alleging tweets damaged his 40-year reputation. Justice Krishna reserves order.

15 June, 2024 12:09 PM
miscreants-scribble-ram-on-goat-headed-for-bakri-eid-sacrifice-gau-gyan-foundation-demands-action
Trending Crime, Police And Law
Miscreants scribble "Ram" on goat headed for Bakri Eid sacrifice, 'Gau Gyan Foundation' demands action

Miscreants scribble 'Ram' on goat headed for Bakri Eid sacrifice in Mumbai, animal welfare organization Gau Gyan Foundation demands police action for hurting religious sentiments.

15 June, 2024 05:49 PM

TOP STORIES

madras-hc-directs-tn-puducherry-to-implement-lawyers-welfare-schemes-and-ensure-minimum-pay-for-junior-advocates
Trending Judiciary
Madras HC directs TN, Puducherry to implement Lawyers' Welfare Schemes and ensure minimum pay for junior advocates [Read Order]

Madras HC directs TN and Puducherry to implement lawyers' welfare schemes and ensure minimum stipends for junior advocates, addressing delays and exploitation concerns.

10 June, 2024 12:03 PM
supreme-court-extends-time-for-aap-to-vacate-office-premises-by-aug-10
Trending Judiciary
Supreme Court extends time for AAP to vacate office premises by Aug 10

SC extends AAP's deadline to vacate office till Aug 10, allowing more time for transition despite no alternative space being provided.

10 June, 2024 12:24 PM
delhi-hc-rejects-plea-of-isis-terrorist-who-planned-haridwar-kumbh-mela-terror-attacks
Trending Judiciary
Delhi HC rejects plea of ISIS terrorist who planned Haridwar Kumbh Mela terror attacks [Read Judgment]

Delhi High Court refuses relief for Haridwar Kumbh Mela attack planner ISIS terrorist Mohsin Ibrahim Sayyed.

10 June, 2024 01:31 PM
cant-pass-order-on-the-basis-of-newspaper-reports-sc-castigates-delhi-govt-on-failure-to-remove-defects-in-wp-on-water-issue
Trending Judiciary
'Can't pass order on the basis of newspaper reports,' SC castigates Delhi govt on failure to remove defects in WP on water issue

'Can't pass order on the basis of newspaper reports,' SC castigates Delhi govt on failure to remove defects in WP on water issue

10 June, 2024 01:37 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email