SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation  ||  Supreme Court Sets Aside Conviction of Four Men in a 1998 Gang Rape Case  ||  Supreme Court: Privy Purse Privileges of Princely Rulers are Not Enforceable Legal Rights  ||  Delhi HC: Repeated Court Summons May Distress and Re-Traumatize Child Sexual Assault Victims  ||  Jammu and Kashmir High Court: Labeling Someone as a Terrorist Associate Amounts to Defamation  ||  Delhi HC: Setting Aside or Altering a Judge’s Order by a Higher Court Doesn’t Affect Their Integrity  ||  Delhi High Court: Accused Cannot be Faulted For Smart Replies; Interrogator Must be Sharper  ||  Supreme Court: Belated Jurisdictional Challenge Impermissible After Participation in Arbitration  ||  Supreme Court: Failure to Prove Specific Overt Acts of Each Unlawful Assembly Member Not Fatal  ||  Supreme Court: Parental Salary Alone Cannot Determine OBC Creamy Layer Status    

K.C. Sharma v. State of Himachal Pradesh and Ors. - (High Court of Himachal Pradesh) (18 Apr 2016)

Quelling FIR double jeopardy

MANU/HP/0176/2016

Criminal

“Can recourse to Section 156(3) of the Code of Criminal Procedure be taken as if it is a routine procedure, especially when the case is predominantly of a civil nature, is the question which falls for consideration in this petition?” asked Himachal Pradesh High Court, before ultimately replying, maybe.

In the instant case, Petitioner sought quashing of an FIR registered against him on the ground that the investigating agency had already investigate the matter and come to the conclusion that the complaint was predominantly of a civil nature, and no offence was made out.

The court skirted an outright answer to its question, opining instead that the Judicial Magistrate who had ordered registration of the FIR had done so in error. It reiterated that the police is required to preliminarily determine whether a cognisable offence is made out or not under Section 156 CrPC. The petition was allowed and FIR quashed after the court concluded that the complaint filed under Section 156 CrPC was not bona fide and was filed with the sole object of depriving Petitioner from commercial opportunities.

Relevant : Priyanka Srivastava and another v. State of Uttar Pradesh and others MANU/SC/0344/2015 International Advanced Research Centre for Powder Metallurgy and New Materials (ARCI) and others v. Nimra Cerglass Technics Private Limited and another MANU/SC/1063/2015 Section 156 Code of Criminal Procedure Act

Tags : CRIMINAL INVESTIGATION   DOUBLE JEOPARDY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved