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girish shringi (advocate)     15 July 2011

constitutional article 226

When investigation is in progress by the police , can accused file quashing of the FIR under article 226 of the constitution of India and sec 482 of the IPC.

Can you give perfect citations where Supreme court  had denied such quashing by the High Court.

Girish Shringi

(Advocate)



Learning

 1 Replies

pratik (self working)     15 July 2011

Sir it is section 482 of the crpc & not IPC becasue Section 482 IPC, 1860 says about the 

Section 482. Punishment for using a false property mark

 

Whoever uses 1[* * *] any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.


Section 482 in The Code Of Criminal Procedure, 1973
482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.


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