Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | quash FIR criminal proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 - Petition seeking to quash FIR and criminal proceedings - Petitioner, a visitor to prison - On search, mobile phone and charger recovered from him - FIR for offences punishable u/ss 42 and 45 of the Prisons Act - High Court rejecting the petition - Held: Case of appellant clearly falls under category (1) of the grounds of quashing of FIR mentioned in the case of Bhajan Lal - On the date of alleged offence, mobile phone or charger was not listed as one of the prohibited articles under Punjab Prison Manual - Thus, no offence is made out u/s 42 of the Act, as there was no communication which was done or was attempted to being done contrary to the rules - Further, the appellant was not a prisoner on the date of the offence - Therefore, he could not have committed a prison offence as defined u/s 45 of the Act - The judgment of High Court is set aside - FIR and the proceedings against appellant are quashed - Prisoners Act, 1894 - ss. 42, 45 and 52-A. Prisons Act, 1894:s. 52-A - Visitor to prison - On search found in possession of a mobile phone and its charger - FIR dated 24.9.2009 - Section enforced by Notification dated 8.3.2011 - Held: Notification will not apply to the case in hand, as the alleged offence was committed in 2009, and retrospective effect will not apply in the case of criminal laws - Therefore, A there is no offence made out against appellant - Code of Criminal Procedure, 1973 - s.482. ss. 42 and 45 - Offences under the two provisions - Explained. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 33 |
Petitioner | Varinder Singh |
Respondent | State Of Punjab & Anr. |
SCR | [2014] 1 S.C.R. 496 |
Judgement Date | 2014-01-16 |
Case Number | 147 |
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