Who can file 482 petition?
An application under Section 482 of the Code of Criminal Procedure filed by a person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court, the Supreme Court has observed.In this case, Sanjai Tewari was accused of various offences under Indian Penal …
Can FIR can be quashed before chargesheet?
The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.
What are the real powers of the High court under section 482 CrPC?
“ In the result we hold that while exercising inherent jurisdiction under Section 482, the High Court has the power to pass “such orders” (not inconsistent with any provision of the Code) including the order for costs in appropriate cases – to give effect to any order passed under the Code, or to prevent the abuse of …
What is Section 482 CrPC?
Under Section 482 CrPC – “nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice”.
Can FIR be quashing under section 482 CrPC?
If the answer to all the questions is in affirmative, the Court should quash the proceedings by exercising its power under Section 482 of CrPC. Parbatbhai Ahir v. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
What are the documents required for quashing of FIR?
High Court has power to quash any criminal proceeding under section 482 of the code of criminal procedure. you have to bring a copy of FIR / Complaint case, certified copy of order of cognizance taken by the court below against you and other relevant documents if any in support of your case against you.
Can High Court quash FIR?
The bench comprising Justices DY Chandrachud and BV Nagarathna observed that a High Court can neither direct an investigating agency to submit the investigation report before it nor can it quash a criminal proceeding under Section 482 relying on such a report when the report has not been submitted to the Magistrate.
How an FIR can be quashed?
Section 482 of CrPC explains the inherent powers of the High Court. Under this section, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.
Can chargesheet be quashed?
A High Court cannot place reliance on a “draft charge-sheet” which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday (12 November 2021).
What happens when a case is quashed?
Black’s law dictionary defines quash as to overthrow / to abate / to vacate / to annul / to make void. In simplest terms, quashing of criminal proceedings would mean ceasing the legal machinery which had been set in motion.
