Punjab vigilance bureau misused its powers: HC
2 weeks ago

Punjab vigilance bureau misused its powers: HC

Hindustan Times  

The Punjab and Haryana high court has said that the Punjab Vigilance Bureau ‘misused its powers’ and FIRs were registered against the former Congress minister, Bharat Bhushan Ashu and others, just to ‘harass’ them. “…criminal proceedings have been initiated against petitioner by the Vigilance Bureau at the instance of complainant, just to harass them and as such, it amounts to misuse of powers by the Bureau, for the reasons, which are unknown to law,” the bench of justice Mahabir Singh Sindhu recorded in both the orders quashing two FIRs involving the former minister on December 20. “.the clause which has been made the sole basis for initiation of criminal prosecution has already been judicially reviewed by the division bench of this court and the same is duly upheld,” the court said adding that the policy for 2020-21 was framed by the state government and thus, it cannot be said that decision about the same was taken by Ashu. In the Ludhiana FIR case, the court also quashed criminal proceedings against one Sukhwinder Singh Gill, Harveen Kaur and Paramjit Chechi, one of the successful bidders stating that Gurpreet Singh, an unsuccessful bidder had an “axe to grind against him”.

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History of this topic

"Vigilance Bureau Initiated Criminal Proceeding To Harass": Punjab & Haryana HC Quashes Corruption Case Against Former Minister
1 week, 6 days ago

"Vigilance Bureau Initiated Criminal Proceeding To Harass": Punjab & Haryana HC Quashes Corruption Case Against Former Minister

Live Law  

The Punjab & Haryana High Court quashed two FIRs against former Congress food, civil supplies and consumer affairs minister Bharat Bhusan Ashu, and others in a corruption case pertaining to the alleged foodgrain tender and transportation scam. Justice Mahabir Singh Sindhu said, "The irresistible conclusion would be that criminal proceedings have been initiated against petitioner by the Vigilance Bureau at …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
1 month, 1 week ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant
1 year, 9 months ago

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant

Live Law  

In a recent judgment, the Punjab and Haryana High Court noted how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one's ego, which ultimately results in the wastage of the taxpayer funds because of the false FIR filed by the complainant. Referring to a report by the Chief Judicial …

[Entry Tax Evasion] Punjab & Haryana High Court Says Provisions Of IPC Cannot Be Invoked Since VAT Act Does Not Provide For Registration Of FIR
2 years, 1 month ago

[Entry Tax Evasion] Punjab & Haryana High Court Says Provisions Of IPC Cannot Be Invoked Since VAT Act Does Not Provide For Registration Of FIR

Live Law  

Punjab and Haryana High Court has held that since the provisions of the VAT Act do not provide for the registration of the FIR and the said Act is a Code in itself, the provisions of the IPC also cannot be invoked.The Bench comprising Justice Jasjit Singh Bedi was dealing with a petition under Section 482 CrPC for quashing of …

Punjab Congress leaders visit vigilance bureau, ask to be detained
2 years, 4 months ago

Punjab Congress leaders visit vigilance bureau, ask to be detained

Firstpost  

The leaders, including Punjab Congress chief Amrinder Singh Raja Warring, accused the AAP government of indulging in “vendetta and witch-hunt in Punjab” to divert attention from the heat it’s facing from probe agencies in Delhi Chandigarh: Punjab Congress on Monday “presented” its leadership before the vigilance bureau saying it could detain any of them as it was fed up of …

"Judicial System, State Resources Burdened; Litigants Must Be Conscious Of Their Actions": Delhi HC Condemns Lodging FIRs On Frivolous Issues
2 years, 7 months ago

"Judicial System, State Resources Burdened; Litigants Must Be Conscious Of Their Actions": Delhi HC Condemns Lodging FIRs On Frivolous Issues

Live Law  

The Delhi High Court has condemned the practice of lodging FIRs on frivolous and minor issues, adding that the Judicial system and state resources are already heavily burdened and litigants must be conscious of their actions.A single judge bench comprising of Justice Jasmeet Singh added that such an exercise is nothing but an abuse of the process of law which …

Delhi High Court Orders Vigilance Inquiry Into Conduct Of Police In Not Registering Rape FIR & Attempting To Strike Compromise
2 years, 11 months ago

Delhi High Court Orders Vigilance Inquiry Into Conduct Of Police In Not Registering Rape FIR & Attempting To Strike Compromise

Live Law  

The Delhi High Court has directed a vigilance inquiry to be conducted by the Deputy Commissioner of Police, to ascertain as to why an FIR alleging rape and sexual assault was not registered and why the matter was allowed to be laid to rest on the basis of a compromise, despite the written complaint disclosing commission of a cognizable offence.Justice …

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC
2 years, 11 months ago

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC. The …

Court Refuses To Order FIR Against Nawab Malik For Violating Covid Norms On BJP Leader's Complaint
3 years ago

Court Refuses To Order FIR Against Nawab Malik For Violating Covid Norms On BJP Leader's Complaint

Live Law  

In a relief for Maharashtra cabinet minister Nawab Malik, a Mumbai court has refused to order registration of an FIR against him and others for violating Covid norms and "inviting the public en masse to Sewree Magistrate's court on November 29 at 10am." According to the complaint filed through advocate Faiz Merchant, Malik's "agents and party workers effected social media …

"No Second FIR, Fresh Investigation For Same Cognizable Offence, Same Occurence": Delhi HC Quashes FIRs Against One Relating To Delhi Riots
3 years, 4 months ago

"No Second FIR, Fresh Investigation For Same Cognizable Offence, Same Occurence": Delhi HC Quashes FIRs Against One Relating To Delhi Riots

Live Law  

The Delhi High Court has quashed four FIRs against one Atir in connection with a Delhi riots case after observing that five separate FIRs cannot be registered for the very same incident against a person. There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or …

[Breaking] SC Issues Notice On Sharjeel Imam's Plea For Consolidation Of FIRs Registered Against Him By Different States
4 years, 8 months ago

[Breaking] SC Issues Notice On Sharjeel Imam's Plea For Consolidation Of FIRs Registered Against Him By Different States

Live Law  

The Supreme Court on Friday issued notice in Sharjeel Imam's plea for consolidation of FIRs filed against him across the country for investigation by a single agency.A bench of Justices Ashok Bhushan and Sanjiv Khanna directed the Delhi police to respond to the plea.The case will be posted next after ten days.Senior Advocate Siddharth Dave, appearing for Imam, submitted that …

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