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Supreme Court of India 2018-01-05 partly_allowed

Dineshbhai Chandubhai Patel vs State of Gujarat & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Six members of the Rathore family complained that accused persons fraudulently obtained power of attorney and illegally transferred their land through forgery and cheating. The High Court partly quashed the FIR, dismissing some charges but allowing investigation on others. The Supreme Court held that the High Court exceeded its inherent jurisdiction by examining every aspect of the case like an investigating agency. Once an FIR discloses prima facie cognizable offences, the Court must allow investigation to proceed. The Court allowed the complainants' appeals, set aside the High Court judgment, and directed investigation to complete expeditiously without bias, while clarifying no merits were decided.">

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Criminal Procedure FIR Quashing Inherent Jurisdiction Atrocities Act Fraud and Cheating

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