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1 - 10 of 23 (0.36 seconds)Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
11. It is the legality of this order which has been challenged before this
Court by the Petitioner, who is Complainant in CC No.27/01. Learned
counsel for the Petitioner has placed reliance on Lalita Kumari vs. Govt. of
U.P. & Ors. (Supra) but that decision is of no help to the writ Petitioner for
the reason that in the concluding paragraphs, while issuing directions, a
category of exceptions has been carved out wherein in respect of registration
of FIR, preliminary inquiry is to be conducted and the category of cases in
which it can be done are referred to as (a) Matrimonial disputes/family
disputes, (b) Commercial offences, (c) Medical negligence cases, (d)
Corruption cases, and (e) Cases where there is abnormal delay/laches in
initiating criminal prosecution, for example, over three months delay in
reporting the matter without satisfactorily explaining the reasons for delay.
Section 36 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007
15. The Supreme Court has deprecated the practice of the High Courts
issuing directions for registration of FIR. Reliance can be placed on Sakiri
Vasu vs. State of U.P. & Ors. (2008) 2 SCC 409, wherein the Apex court, in
paras 26 to 28, has observed that :
Ramesh Kumari vs State (N.C.T. Of Delhi) And Ors on 21 February, 2006
18. Reliance placed by learned counsel for the Petitioner on other cases
i.e. Suresh Chand Jain v. State of M.P. & Anr. (Supra), Ramesh Kumari v.
State (NCT of Delhi) & Ors (Supra), Laxminarayan Gupta v.
Commissioner of Police (Supra), Abhay Nath Dubey v. State & Ors
(Supra).
Shri Abhay Nath Dubey vs State Of Delhi And Ors. on 15 May, 2002
18. Reliance placed by learned counsel for the Petitioner on other cases
i.e. Suresh Chand Jain v. State of M.P. & Anr. (Supra), Ramesh Kumari v.
State (NCT of Delhi) & Ors (Supra), Laxminarayan Gupta v.
Commissioner of Police (Supra), Abhay Nath Dubey v. State & Ors
(Supra).
Mr. Amit Khera vs Govt. Of Nct Of Delhi & Ors. on 11 August, 2010
and Amit Khera v. Govt. of NCT of Delhi & Ors.(Supra) is of no
help to the Petitioner in view of the legal position discussed above.