Sec 482

Querist : Anonymous (Querist) 27 April 2011 This query is : Resolved
When a petition by one co-accused has been rejected, does it necessarily mean that another petition by the other co- accused (though on different grounds), will be rejected merely on the basis of the first application? Need case laws that say No, the case has to be tried on merits.

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 27 April 2011
It is not like so, on the basis of the merit court will consider the petition of the co accused

Querist : Anonymous (Querist) 27 April 2011
Sir it would be great if you could provide me with some authority for the same- a case law maybe!!Thanks.

Kiran Kumar (Expert) 27 April 2011
Section 482 Cr.P.C provides for the inherent powers of the court and it leaves wide scope for a criminal court (competent) to bring the things to justice.

so sometimes the things are more governed by logic than technicalities.

there have been few instances where the courts have allowed quashing of FIR qua a single accused or you can term it as partial quashing.

In Parambir Singh Gill v/s Malkiat Kaur reported as 2010(1) Recent Criminal Reports 256, the court allowed the quashing of FIR qua a single accused, though it was on compromise basis.

otherwise also the court has to weigh the facts in terms of principles governing quashing of FIR as enshrined under Bhajan Lal's case.

so you make out your case, if there is prima facie abuse of process of law and no offence is made out against the co-accused then certainly the bench will oblige as per law.

Sarvesh Kumar Sharma Advocate (Expert) 28 April 2011
agree with mr. kiran's view!

Advocate. Arunagiri (Expert) 28 April 2011
Every accused is having his own defense. Just because one accused petition is dismissed, dont presume that other's petition will also get dismissed.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries