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sachin (Student)     25 January 2013

Quashing of fir

On what grounds can an F.I.R. be quashed?
Can double jeopardy be a ground for quashing of F.I.R.by Supreme Court under Art. 136.



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 2 Replies

ashok kumar singh (Advocate)     25 January 2013

there are seven circumstances in which FIR can be quashed and set aside as decided by the Hon'ble Supreme Court of India, in State of Harayana and others - versus - Ch. Bhajan Lal and others, reported in  1992 AIR 604.

Please readout the Judgment, will get ur answer, specifically.

 

sachin (Student)     25 January 2013

Thank you for the concern sir.
One of those grounds is "Where there is an express legal bar engrafted  in any of the provisions of the Code or the 
concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. "
 

Does "double jeopardy" fall under this ground.

Regards


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