Search Results Page
Search Results
1 - 10 of 21 (0.26 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Prevention of Corruption Act, 1988
Section 7A in The Prevention of Corruption Act, 1988 [Entire Act]
Section 20 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 12 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 13 in The Prevention of Corruption Act, 1988 [Entire Act]
Article 226 in Constitution of India [Constitution]
Kapil Agarwal vs Sanjay Sharma on 1 March, 2021
42. Recently this Court upheld the acquittal of an
accused under Section 7 of PC Act on the same ground, in
Crl.A.No.429/2011 dated 10.03.2022. The Hon'ble
Supreme Court in a recent case in the case of Kapil
Agarwal and Others Vs. Sanjay Sharma and Others
reported in (2021) 5 SCC 524 has taken a similar view
and quashed the FIR. Such being the case, the FIR and the
arguments of the respondent have no legs to stand.
Hence, I proceed to quash the FIR.
P. Chidambaram vs Directorate Of Enforcement on 5 September, 2019
xiv) However, at the same time, the court, if it
thinks fit, regard being had to the parameters of
quashing and the self-restraint imposed by law,
more particularly the parameters laid down by this
Court in the cases of R.P. Kapur (supra) and
Bhajan Lal (supra), has the jurisdiction to quash
the FIR/complaint; and xv) When a prayer for
quashing the FIR is made by the alleged accused,
15
the court when it exercises the power under
Section 482 Cr.P.C., only has to consider whether
or not the allegations in the FIR disclose the
commission of a cognizable offence and is not
required to consider on merits whether the
allegations make out a cognizable offence or not
and the court has to permit the investigating
agency/police to investigate the allegations in the
FIR.