Supreme Court · 2014 INSC 387 · Decided 9 May 2014
Mosiruddin Munshi v. MD. Siraj and Another
- Court
- Supreme Court of India
- Citation
- 2014 INSC 387 · [2014] 7 S.C.R. 497
- Case number
- CRIMINAL APPEAL No. 1168/2014
- Decided
- 9 May 2014
- Bench
- T.S. THAKUR, C. NAGAPPAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 1208; CrPC Section 482, 156, 156(3)
Headnote
Code of Criminal Procedure, 1973 - Section 482 - Jurisdiction of High Court - Exercise of, for quashing FIR! A B , criminal proceedings - On facts, Magistrate treating complaint · C uls.420 rlw s 1208 as FIR, forwarded it for investigation u/s. 156 Cr.P.C. - Application uls.482 - High Court of - Held: High Court should not have quashed FIR - High Court adopted a strictly hyper technical approach - Investigation D should have been allowed to· proceed, when the averments in the complaint would prima facie make out a case for investigation by the authority- Penal
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