In Anand Kumar Mohatta v. State (NCT of Delhi), an FIR under Section 406 IPC was lodged against the appellants. The appellants’ filed a writ petition before the High Court seeking to quash the said FIR; however, the petition was dismissed. Aggrieved thereby the appellants preferred the instant appeal. The complainant opposed the appeal on the ground that the chargesheet had already been filed in the case and therefore the FIR could not be quashed at this belated stage.
Disagreeing with the complainant, the Supreme Court referring to Joseph Salvaraj A v. State of Gujarat, observed that there is nothing in the words of Section 482 which restricts the exercise of the Court’s power to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. The power is undoubtedly conferred to prevent abuse of process of any court.
The rules of the Indian Bar Council prohibit law firms from advertising and soliciting work through communication in the public domain. This website is meant solely for the purpose of information and not for the purpose of advertising. GM BOSU & Associates does not intend to solicit clients through this website. We do not take responsibility for decisions taken by the reader based solely on the information provided in the website. By clicking on 'ENTER', the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
EnterCancel
