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january 2013

Supreme Court of India · 2013-01-09

STATE REP.BY INSEPCTOR OF POLICE,CHENNAI vs N.S. GNANESWARAN

Citation / case number
SC 2004/12657
Court
Supreme Court of India
Petitioner
STATE REP.BY INSEPCTOR OF POLICE,CHENNAI
Respondent
N.S. GNANESWARAN
Author
V. GOPALA GOWDA B.S. CHAUHAN
Bench
V. GOPALA GOWDA B.S. CHAUHAN

Judgment text excerpt

The Supreme Court examined the legality of an FIR registered under Section 120B read with Sections 420, 467, 468, and 471 IPC, along with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. The Court held that the High Court was justified in quashing the FIR as it was not registered in accordance with the mandatory requirements of Section 154(2) of the Cr.P.C., which necessitates issuing a copy of the information recorded to the informant. Consequently, the Supreme Court upheld the High Court's decision, affirming that the FIR was non-est in law due to procedural deviations.

STATE REP.BY INSEPCTOR OF POLICE,CHENNAI vs N.S. GNANESWARAN · Niyam