When there be quashing of F.I.R?

1. Where the allegation made in the First Information Report or the Complaint , even if they are taken at their face value and accepted in their entirety do not prima facie constitute an offence and make out a case against the accused.

2. Where the uncontroverted allegation made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused .

3. Where the allegation in the FIR do not constitute a cognizable offence but constitute a non cognizable offence , no investigation is permitted by a police officer without an order of a Magistrate as contemplated under section-155(2)

4. Where the allegation made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent men can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

5.where there is an express legal bar engrafted in any provision of the code against the institution or continuance.

6. Where a criminal proceeding is manifestly attended with mala fide or where the proceeding is maliciously instituted with ulterior motive for wreaking vengeance on the accused with a view to spite him due to personal and private grudge.

Comments

Post a Comment

Popular posts from this blog

ABETMENT AND CONSPIRACY

Distinction between the offence of abetment and criminal conspiracy. The Supreme Court has held that the distinction between the offence of abetment under the second clause of section 107 and that of criminal conspiracy under Section 120-A is that, in the former offence a mere combination of persons or agreement between them is not enough.An act or illegal omission must take place in pursuance of the conspiracy and in order to the doing of the thing conspired for; in the latter offencethe mere agreement is enough if the agreement is to commit an offence.Section 120-A may be distinguished from Section 34 of I.P.C. The points of distinction between the two are as follows: —Section 34 (Common intention):1. Section 34 applies when a criminal act is done in furtherance of the common intention of all the offenders. 2. Section 34 is a procedural rule; it lays down a principle to determine the criminal liability of persons more than one in the commission of a crime but does not create a subs
Read more