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Supreme Court of India 2019-03-15 allowed

RAFIQ AHMEDBHAI PALIWALA vs THE STATE OF GUJARAT

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The Supreme Court allowed an appeal against a High Court order that partially quashed an FIR for offences of dacoity (Sections 392, 395, 397 IPC), while upholding charges for minor offences (unlawful assembly and hurt). The complainant challenged this selective quashing. The Supreme Court held that the High Court erred in quashing the FIR prematurely before investigation was complete. Where an FIR discloses prima facie allegations of serious cognizable offences, the High Court should direct proper investigation rather than quash it. The Court set aside the High Court's order and directed the investigating officer to complete investigation and file a comprehensive charge sheet within three months.

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Criminal Procedure Inherent Powers of Court Quashing of FIR Investigation Dacoity Unlawful Assembly

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