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Documents citing R. P. Kapur vs The State Of Punjab on 25 March, 1960

Ramnikbhai Vallabhbhai Sojitra vs State Of Gujarat on 9 November, 2022

The Supreme Court in the case of R.P. KAPUR VS. STATE OF PUNJAB [AIR 1960 SC Page 866] has laid down certain categories of cases wherein inherent jurisdiction to quash proceedings can and should be exercised. One of the said categories is where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceeding in respect of the offence alleged. Absence of the requisite sanction may, for instance, furnish cases under this category.
Gujarat High Court Cites 20 - Cited by 0 - V Nanavati - Full Document

Chaulaben Bhura Kadchha(Jadeja) vs State Of Gujarat on 8 July, 2024

8. Thus, if the aforesaid observations made by the Hon'ble Apex Court are considered in context with the facts of the present case, in that event, in the opinion of this Court, this is a clear cut case of abuse of process of the Court. From bare perusal of the contents of the FIR in question, it is found out that the only allegation raised against the applicant is that she, along with her son, has used and utilized the car in question which was given by the complainant to her son. Admittedly, no transaction has been entered into by and between the applicant and complainant. Moreover, the applicant is the ex- wife of deceased Bhurabhai Munjabhai, whereas, the complainant is the wife of deceased Bhurabhai Munjabhai. It is also found out from the record that after the death of said Bhurabhai Munjabhai, applicant has preferred Civil Misc. Application No.39 of 2016 under Section 213 of the Indian Succession Act, 1925 before the Court of Principal Senior Civil Judge, Porbandar on 26.09.2016 for getting the Page 7 of 9 Downloaded on : Wed Jul 10 21:06:00 IST 2024 NEUTRAL CITATION R/CR.MA/6521/2019 ORDER DATED: 08/07/2024 undefined probate of will dated 20.12.1994 of deceased Bhurabhai Munjabhai. Learned advocate Mr. Barot has submitted that on account of institution of the aforesaid proceedings by the applicant, the complainant has registered false and fabricated FIR in question arraigning the applicant and her son as a counterblast to create pressure upon the applicant and her son. Thus, as per the law laid down by the Hon'ble Apex Court in the case of R. P. Kapur v. State of Punjab, reported in AIR 1960 SC 866 and in the case of State of Haryana v. Bhajan Lal, reported in 1992 Supp. (1) SCC 335, where the Court finds that the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, in that event, the Court should exercise inherent powers under Section 482 of the Code by quashing the FIR/complaint. In the instant case, if the allegations made in the FIR in question are taken at their face value and accepted in their entirety, even though, in the opinion of this Court, they do not prima facie constitute any offence or make out a case against the applicant.
Gujarat High Court Cites 10 - Cited by 0 - Full Document

Doliben Kantilal Patel vs State Of Gujarat & on 15 March, 2013

22. Section 482 of the Cr.P.C. saves the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any court or otherwise to secure the ends of justice. It has been held by this Court in R. P.Kapur v. State of Punjab [AIR 1960 SC 866] that Section 561-A of the Criminal Procedure Code, 1898 (which corresponds to Section 482 of the Criminal Procedure Code, 1973) saves the inherent power of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any court or otherwise to secure the ends of justice and such inherent power cannot be exercised in regard to matters specifically covered by the other provisions of the Code and therefore where the Magistrate has not applied his mind under Section 190 of the Cr.P.C. to the merits of the reports and passed order, the High Court ought not to consider a request for quashing the proceedings.
Gujarat High Court Cites 37 - Cited by 0 - K M Thaker - Full Document

Mita Maganbhai Panchal vs State Of Gujarat on 5 August, 2022

9. The Supreme Court in the case of R.P. KAPUR VS. STATE OF PUNJAB [AIR 1960 SC Page 866] has laid down certain categories of cases wherein inherent jurisdiction to quash proceedings can and should be exercised. One of the said categories is where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceeding in respect of the offence alleged. Absence of the requisite sanction may, for instance, furnish cases under this category.
Gujarat High Court Cites 25 - Cited by 1 - N S Desai - Full Document
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