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Supreme Court of India 2021-11-12 partly_allowed

Jitul Jentilal Kotecha vs State of Gujarat & Ors. Etc

Bench: 2 — Dhananjaya Y Chandrachud, B V Nagarathna

In Brief

The Supreme Court set aside the Gujarat High Court's judgment quashing an FIR against multiple accused for alleged forgery, conspiracy and extortion concerning disputed land ownership. The High Court had improperly relied on a draft charge-sheet not yet submitted to the Magistrate and entertained quashing petitions from persons not named in the original FIR. The Court held that the High Court transgressed its jurisdiction under Section 482 CrPC by interfering with investigation prematurely and restricting the police from submitting the charge-sheet to the Magistrate. The appeals against the sixth to ninth respondents were allowed, permitting investigation to continue, while appeals against the fourth and fifth respondents (with whom the appellant had settled) were dismissed.

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Criminal Procedure Inherent Powers FIR Quashing Investigation Extortion Forgery Cheating Conspiracy

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