Legal Question in Constitutional Law in India
Is quashing of a F.I.R. (First information report)a FINAL order or a judgment within the meaning of CPC?
Is it a criminal proceeding or a civil proceeding within Article 133 of Consti?
3 Answers from Attorneys
01.02.2013
Dear Sir / Madam,
(Atul Nagar / Karvenagar / Navsahyadri, Chinchwad, Pune, Maharashtra)
The annulment or declaration of an FIR as invalid by the sitting bench indicates that there is no prima facie damage, harm or loss of any nature caused to anybody. It is an order by the jury disposing off the matter as baseless without any grounds for seeking justice closing the case with no further proceedings.
Regards,
The answers to your questions are here in below :-
1) Judgement.
2) Criminal as the power to quash the FIR is given to High Court alone u/s 482 CRPC and not to any other court and not even to Supreme Court.
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