CiteTEXT
...discussed the manner in which the parameters are indicated by this Court in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 to quash the...
...: State of Haryana v. Ch. Bhajan Lal, to quash the proceeding, are not attracted.9. In that view of the matter, I am not inclined to ...., prayer is made to quash the order dated 5.4.2017 passed in G.R. Case No. 86 of 2012 corresponding to Berhampur Town P.S. Case No. 13 of 2012 taking cognizance for offence under...urged during trial. The same is not to be done on meticulous analysis of the materials to quash the cognizance order.7. In the judgment reported in (2019) 74 OCR (SC) 131...
...within Category I of the illustrations given in Bhajan Lal case 1992 Supp (1) SCC 335. Therefore, we quash the proceedings relatable to FIR No. 316 of 2007 as far as the appellant is...State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 it was held that though it will not be possible to lay down any precise, clearly defined....”7. A note of caution was indicated in the following words: (Bhajan Lal case 1992 Supp (1) SCC 335...
.... Shri Lalit, learned counsel for Ranjit Satardekar, however, submitted that in Bhajan Lal case 1992 Supp (1) SCC 335, JT (1990) 4 SC 650 itself the seventh ground given therein in para 102 of the s...State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, JT (1990) 4 SC 650 (vide SCC paras 102 and 103...stated in Bhajan Lal case 1992 Supp (1) SCC 335, JT (1990) 4 SC 650 as follows:“(7) Where a criminal proceeding is manifestly...
...604 : State of Haryana v. Ch. Bhajan Lal, to quash the proceeding are not attracted.10. In that view of the matter...A.K. Mishra, J.:— In this case under Section 482 Cr.P.C. prayer is made to quash the cognizance order dated 6.01.2015 passed in 1(C) C.C. Case No. 262 of 2014..., I am not inclined to invoke the jurisdiction under Section 482 Cr.P.C. to quash the cognizance order dated 6.01.2015 passed in 1(C) C.C. Case No. 262 of 2014 pending in the...
...: State of Haryana v. Ch. Bhajan Lal, to quash the proceeding are not attracted.13. In that view of the matter, I am not inclined to invoke.... 2 and learned Addl. Standing Counsel for the State.3. In this case prayer is made to quash the 2(C) C.C. Case No. 1 of 2007 pending in the court of learned S.D.J.M., Jajpur...the jurisdiction under Section 482 Cr.P.C. to quash the proceeding in 2(C) C.C. No. 1 of 2007 pending in the court of learned SDJM, Jajpur for an offence under Section 29 and 25-U of the I.D. Act, 1947....
...by this Court in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, it would be only proper to quash the FIR and the...
...(supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint; and xv) When a prayer for quashing the FIR is made by the alleged accused, the court when it exercises the power under...generate into weapons of harassment.9. In the decision in State of Haryana v. Bhajan Lal...power under Section 482 Cr. P.C. to quash the order dated 05.04.2017 for forwarding the application filed by the respondent herein carrying allegations qua the appellant for investigation under Section...
...State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335.”15. In ...State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, had elaborately considered the scope and ambit of Section 482 CrPC/Article 226.... This Court referred to the judgment in Bhajan Lal case 1992 Supp (1) SCC 335 and held that the case fell within Category 7. The Supreme Court relying on Category 7 has held that the...
...561. In the case of State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 this Court considered the question as to when the High Court can .... According to the learned counsel for the appellants in the case in hand, to quash the proceedings at the stage of lodging of FIR in case of an offence which is having a cancerous growth in society is...she came to Ernakulam, the High Court was fully justified in holding that the allegations do not constitute the offence of rape and, therefore, was well within its powers to quash the proceedings so...
...counsel also placed reliance upon judgments in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335...justified where a criminal proceeding is instituted with mala fide or ulterior motives. In Bhajan Lal 1992 Supp (1) SCC 335 , ...103 and 104 that the power of quashing should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. Paras 103 and 104 are reproduced hereunder: (Bhajan Lal case...
...: AIR 1960 SC 866] and Bhajan Lal [State of Haryana v. Bhajan Lal, ...utter disregard of the said settled legal position. Without undermining the powers of the High Court under Section 482 of Cr.PC to quash the proceedings if the allegations made in the FIR or complaint...
...of Haryana v. Bhajan Lal [(1992) Supp (1) SCC 335], the Court would have jurisdiction to quash the FIR/complaint.13. Instances of a husband's...categories (1) and (5) set out in Bhajan Lal (supra). Permitting the criminal process to go on against the appellants in such a situation would, therefore, result in clear and patent injustice. This was a fit case for the High Court.... In Bhajan Lal (supra), this Court had set out, by way of illustration, the broad categories of cases in which the inherent power under Section 482 Cr. P.C. could be exercised. Para 102 of the...
...Court should not embark upon disputed question of fact as held in State of Haryana v. Bhajan Lal reported in 1...This petition has been filed to call for the entire records comprised in Crime No.517/2014 dated 10.07.2014 pending on the file of the 1st respondent and quash the same...
...: State of Haryana v. Ch. Bhajan Lal, to quash the proceeding, are not attracted.13. Hence, I am not inclined to invoke the jurisdiction under...A.K. Mishra, J.:— Heard learned counsel for the petitioner and the learned Special Counsel for Vigilance Department.2. Prayer is made to quash the proceeding in Balasore...audit report alone. He further submits that the finding in the administrative side with regard to audit report cannot be the basis to quash the criminal proceeding initiated under Prevention of...
....37. Then comes the celebrated decision of this Court in the case of Bhajan Lal (supra). In the said decision, this Court considered in detail the scope of the High Court powers under Section 482 C...of quashing and the self-restraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the..., more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint;xv...
...: State of Haryana and Ors. v. Ch. Bhajan Lal and others, (1992) AIR SC 604 to quash the proceeding, are not attracted. Hence, this court is ...A. K. Mishra, J. - Heard learned counsel for the petitioner and the learned Additional Government Advocate. 2. Prayer is made to quash the cognizance order dated...to invoke section 482, Cr.P.C. to quash the proceeding. Accordingly, the CRLMC stands dismissed. ...
...State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 a question came up for consideration as to whether quashing of the FIR filed...against the respondent Bhajan Lal for the offences under Sections 161 and 165 IPC and Section 5(2) of the Prevention of Corruption Act was proper and legal. Reversing the order passed by the High Court...ground for proceeding against the accused.”20. The Court observed as follows in para 102: (Bhajan Lal case 1992 Supp (1) SCC...
....11. In State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 a two-Judge Bench of this Court laid down...the trial which followed on the complaint by the customs officials. In Shyam Lal Sharma, Etc. v. State Of Madhya Pradesh...whether the High Court would be justified in exercising its inherent power under Section 482 of the Code or under Article 226 of the Constitution to quash the FIR/charge-sheet/complaint...
...in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, we quash the..., though the High Court of Karnataka was moved Criminal Petition No. 2572 of 2015 under Section 482 of the Code of Criminal Procedure, it declined to intervene and quash the proceedings. This Court, upon...Ramji Lal Modi v. State Of U.P . AIR 1957 SC 620, 1957 Cri LJ 1006 which was eventually decided by a Constitution Bench. The Constitution...