Search Results Page
Search Results
1 - 10 of 23 (0.26 seconds)Section 499 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 482 in The Indian Penal Code, 1860 [Entire Act]
Section 500 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Companies Act, 1956 [Entire Act]
Mushtaq Ahmad vs Mohd. Habibur Rehman Faizi& Ors on 31 January, 1996
In the case of Mushtaq Ahmad vs. Mohd. Habibur
Rehman Faizi and Others, (1997) 7 SCC 441, this Court
observed:-
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
“3. Having perused the impugned judgment in the
light of the complaint and its accompaniments we are
constrained to say, that the High Court exceeded its
jurisdiction under Section 482 CrPC in passing the
impugned judgment and order. It is rather unfortunate
that though the High Court referred to the decision in
State of Haryana v. Bhajan Lal 1992 Supp(1) SCC 335
wherein this Court has enumerated by way of
12
illustration the categories of cases in which power to
quash complaint or FIR can be exercised, it did not
keep in mind — much less adhered to — the following
note of caution given therein: (SCC p. 379, para 103)
“We also give a note of caution to the effect that the
power of quashing a criminal proceeding should be
exercised very sparingly and with circumspection and
that too in the rarest of rare cases; that the court will
not be justified in embarking upon an enquiry as to
the reliability or genuineness or otherwise of the
allegations made in the FIR or the complaint and that
the extraordinary or inherent powers do not confer an
arbitrary jurisdiction on the court to act according to
its whim or caprice.”