Case Note & Summary
Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence against the appellant – Supreme Court held that mere official duty cannot be equated with criminal intent – FIR quashed. [Para 15] Indian Penal Code, 1860 – Sections 419, 420, 467, 468, 471, 120B read with 34 – Offences of cheating and forgery – No material evidence proving conspiracy or dishonest intention – Chargesheet based on mere allegations – No prima facie case against appellant. [Paras 12-14] Madhya Pradesh Griha Nirman Mandal Adhiniyam, 1972 – Section 83 – Protection to officials for actions done in good faith – Supreme Court held that the appellant’s actions were in discharge of official duty – No prosecution without prior sanction. [Paras 10-11] Criminal Procedure – Sanction for Prosecution – The Supreme Court reiterated that sanction under Section 197 CrPC is necessary for prosecuting public servants when actions are performed in the course of duty – Allegations did not indicate any criminal intent – Proceedings vitiated. [Para 11] Principle of Quashing FIR – State of Haryana v. Bhajan Lal – Supreme Court applied the test laid down in Bhajan Lal’s case – FIR to be quashed if allegations do not disclose a cognizable offence or lack prima facie evidence. [Para 14]
Issue of Consideration: DINESH KUMAR MATHUR VERSUS STATE OF M.P. & ANR.
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