Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1094 - HC - Indian LawsMaintainability of petition - Prayer for quashing of FIR - it was claimed that the FIRs do not disclose commission of any cognizable offence as the dispute between the parties is purely civil in nature - whether this Court should entertain the present petitions under Section 482 Cr.P.C. at this stage, in view of the fact that the earlier preferred petition under Section 482, i.e. W.P.(Crl.) No. 498/2005, and the other petitions mentioned in paragraph 5 above were withdrawn with liberty to agitate all issues before the Trial Court at the appropriate stage/ stage of consideration of charge? Held that: - the present petitions are completely misconceived and the petitioners are not entitled to seek quashing of the aforesaid FIR - Pertinently, the earlier quashing petition being W.P.(Crl.) No.1163/2003 filed in relation to FIR No.99/2002, already stands dismissed on 24.03.2005. The said order was upheld by the Supreme Court when the Special Leave Petition against the same was also dismissed. The dismissal of the appeal preferred by the VLS under Section 10F of the Companies Act by this Court, or the further dismissal of the SLP by the Supreme Court has absolutely no bearing on the continuation of the criminal proceedings since the said development cannot be said to be relevant or material development qua the criminal proceedings undertaken in respect of the aforesaid FIRs. The present petitions are completely misconceived and they are liable to be dismissed.
|