Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Quashing of FIR |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – s. 482 – Quashing of FIR – Territorial jurisdiction for registration of FIR – FIR registered at Arunachal Pradesh for offences u/ss. 420/120B/34 IPC by the complainant against accused persons – Complainant’s case that accused refused to hand over the property despite full payment for the sale of the land/building made by complainant – Said property situated in Rajasthan as also the address of accused is that of Rajasthan whereas address of the complainant was address of the company in Arunachal Pradesh – Three of the accused filed petition for quashing the FIR before the Gauhati High Court and the same was dismissed – Five others filed writ petitions for quashing of the same FIR before the Rajasthan High Court and the same was allowed – Correctness: Held: Matter was purely civil in nature – It could not be said to be a case of cheating – Simple reading of the FIR itself does not disclose any cognizable offence for which the FIR should be registered and maintained – Complaint lodged was not worth being registered as a complaint and that too in the State of Arunachal Pradesh – High Court of Rajasthan rightly found considering all aspects of the matter that the offence, if any, although no offence is made out, would be within the territorial jurisdiction of Rajasthan and not Arunachal Pradesh – Normally, in a given case where issue is of territorial jurisdiction, direction could have been issued to transfer the investigation or the trial to the State where the cause of action would lie but in the instant case, no offence as such is made out – Entire FIR is quashed and the consequential proceedings thereto – Rajasthan High Court, in the subsequent petition moved by the respondent has after noticing the proceedings initiated in Gauhati High Court has given relief to the respondent and other respondents on the ground that no cause of action arose in Arunachal Pradesh – Hence, in exercise of the power under Art. 136, no inclination to disturb the findings in favour of the respondent in the writ petition by Rajasthan High Court – Order of the Gauhati High Court set aside and the entire proceedings arising out of the FIR quashed. [Paras 12-17] |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2024 INSC 317 |
Petitioner | The State Of Arunachal Pradesh |
Respondent | Kamal Agarwal & Ors. Etc. |
SCR | [2024] 4 S.C.R. 624 |
Judgement Date | 2024-04-18 |
Case Number | 2136 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |