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1 - 10 of 12 (0.32 seconds)The Code of Criminal Procedure, 1973
State Of A.P vs Bajjoori Kanthaiah & Anr on 20 October, 2008
10. Apex Court also held that power is to be exercised cautiously,
carefully and sparingly and Court has not to function as a Court of
appeal or revision. It has also laid down the parameters and
guidelines in cases titled as "K.L.E Society & ors v. Siddalingesh
reported in 2008 AIR SCW 1993; A.P Vs Bojjoori Kanthaiah
reported as 2008 AIR SCW 7860 and Reshma Bano Vs State of
Uttar Pradesh reported in 2008 AIR SCW 1998".
Reshma Bano vs State Of Uttar Pradesh & Ors on 3 March, 2008
10. Apex Court also held that power is to be exercised cautiously,
carefully and sparingly and Court has not to function as a Court of
appeal or revision. It has also laid down the parameters and
guidelines in cases titled as "K.L.E Society & ors v. Siddalingesh
reported in 2008 AIR SCW 1993; A.P Vs Bojjoori Kanthaiah
reported as 2008 AIR SCW 7860 and Reshma Bano Vs State of
Uttar Pradesh reported in 2008 AIR SCW 1998".
Som Mittal vs Govt. Of Karnataka on 29 January, 2008
12. Apex Court in AIR 2004 SC 3967, AIR 1972 SC 484, AIR
1974 SC 1446, AIR 1977 SC 2229, AIR 1989 SC 01, has laid down
the same principle. It is apt to reproduce para 10, 13, 14, 15, 17 & 19
out of the judgment titled as Som Mittal Vs Govt. of Karnataka
reported in 2008 AIR SCW 1003 herein:
State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979
In State of Bihar v. J.A.C Saldanha (1980) 1 SCC 554 this Court
pointed out at SCC P. 574:
Hazari Lal Gupta vs Rameshwar Prashad & Anr on 2 December, 1971
In Hazari Lal Gupta v Rameshwar Prasad (1972) 1 SCC 452 this
Court at SCC P. 455 pointed out:
Jehan Singh vs Delhi Administration on 27 March, 1974
In Jehan Singh vs Delhi Administration (1974) 4 SCC 522 the
application filed by the accused under section 561-A of the old Code for
quashing the investigation was dismissed as being premature and
incompetent on the finding that prima facie the allegations in the FIR if
assumed to be correct, constitute a cognizable offence.
State Of Bihar vs Murad Ali Khan, Farukh Salauddin & ... on 10 October, 1988
In State of Bihar vs Murad Ali Khan (1988) 4 SCC 655 this Court
held that the jurisdiction under Section 482 of the Code has to be
exercised sparingly and with circumspection and has given the working
that in exercising that jurisdiction, the High Court should not embark
upon an enquiry whether the allegations in the complaint are likely to be
established by evidence or not.
Kanwarjit Singh Kakkar vs State Of Punjab & Anr on 28 April, 2011
5. Learned senior counsel further submits that the properties, as
shown accumulated, are from the very lawful business as the
petitioner is a contractor and paid income tax and other related taxes
to the Government. He further submits that the petitioner is not in any
way involved in the commission of offences as detailed out in the
impugned FIR. Learned senior counsel further submits that Section 5
of the Prevention of Corruption Act making reference to criminal
misconduct is not at all made out from the contents of the FIR.
Learned senior counsel has while reiterating the submissions referred
to and relied upon the Judgment titled Kanwarjit Singh Kakkar vs.
State of Punjab and Anr., reported as 2011 Legal Eagle (SC) 405.