9911796707
|
Home
Issues involved: Appeal for quashing of criminal proceedings u/s 482 of CrPC, interpretation of Sections 155(2) and 156(3) of CrPC.
Judgment Summary: Issue 1: Appeal for quashing of criminal proceedings u/s 482 of CrPC The appeal was filed by a Company and its Chairman u/s 482 of CrPC seeking to quash criminal proceedings in connection with a case registered at a police station. The High Court dismissed the appeal, stating that the complaint disclosed a prima facie case. The appellants challenged this decision on various grounds. During the proceedings, the Company agreed to issue a publication clarifying a derogatory term used against the complainant, but the complainant did not accept this proposal. The Court proceeded to hear the matter on merits. Issue 2: Interpretation of Sections 155(2) and 156(3) of CrPC The appellants argued that no cognizable case was made out against them, citing a Supreme Court decision regarding the necessity of a Magistrate's order for police investigation in cases where no cognizable offence is disclosed. The Magistrate had forwarded the complaint for investigation under Section 156(3) of CrPC. However, the Court held that the order did not disclose cognizance being taken and that the complaint did not reveal a cognizable offence. Therefore, the Magistrate's order was quashed, emphasizing the importance of following statutory safeguards against frivolous investigations. The Court did not comment on the merits of the allegations but directed that the complaint be treated in accordance with the law. Conclusion The Court allowed the appeal, quashed the Magistrate's order, and directed that the complaint be handled in accordance with the law.
|
