Supreme Court · 2012 INSC 341 · Decided 17 August 2012
State of Rajasthan v. DR. Rajkumar Agarwal & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 341 · [2012] 7 S.C.R. 319
- Case number
- CRIMINAL APPEAL No. 1222/2012
- Decided
- 17 August 2012
- Bench
- AFTAB ALAM, RANJANA PRAKASH DESAI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 161, 482; Prevention of Corruption Act
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: A B s.482 - Exercise of power by High Court to quash criminal c proceedings - Explained. s.482 - High Court quashing the FIR registered against the respondent, a Surgeon in Govt. Hospital for accepting illegal gratification - Held: In the instant case, it cannot made in FIR and the evidence collected do not disclose the commission of any offence and continuance of proceedings would be abuse of the process of court - This is certainly not a case where the FIR can be quashed - High Court failed to appreciate that the wholesome power vested in it
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