Fir can be quashed
Guest
(Querist) 25 March 2023
This query is : Resolved
1. WHETHER THE F.I.RST INFORMATION REPORT POLICE STATION FOR OFFENSES PUNISHABLE UNDER SECTIONS OF THE SCINDIAN PENAL CODE, 1860 ALONG WITH SECTIONS
OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT 1994; DESERVES TO BE QUASHED?
2. WHETHER THE INVESTIGATION PERTAINING TO THE F.I.RST INFORMATION REPORT POLICE STATION FOR OFFENSES PUNISHABLE UNDER SECTIONS OF THE TRANSPLANTATION OF HUMAN ORGANS AND TISSUES ACT, 1994 DESERVES TO BE STAYED?
This case is all about organ transplantation similar to (RUBY HALL CLINIC CASE)
During the investigation, it was revealed that with the aid of a few middle-men terminating as agents, the forgery and superimposition in the government issued identity card was facilitated. Middlemen/agents were also arraigned in the F.I.R.
T. Kalaiselvan, Advocate
(Expert) 27 March 2023
The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime.
FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.
