Supreme Court of India · 2004-04-05
Hasanbhai Valibhai Qureshi vs State Of Gujarat And Ors
- Citation / case number
- AIR 2004 SUPREME COURT 2078
- Court
- Supreme Court of India
- Petitioner
- Hasanbhai Valibhai Qureshi
- Respondent
- State Of Gujarat And Ors
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the deletion of Sections 395 and 120B IPC from the FIR by the prosecuting agency was permissible under the law, as the police are not the ultimate authority to determine applicable sections. The Court emphasized that if further investigation is warranted, the remedy lies within the Code of Criminal Procedure, 1973, allowing for investigation under the trial Court's supervision. The appeal was dismissed, affirming the High Court's decision that the complainant could seek redress through the trial Court rather than through a writ petition under Article 226 of the Constitution of India.