Topic
Allahabad High Court dismisses anticipatory bail petition under U.P. Public Examination (Prevention of Unfair Means) Act, 2024, holding that cognizable offence is disclosed prima facie even if accused is not named in FIR.
The Supreme Court ruled that criminal proceedings involving allegations of forgery and cheating cannot be quashed under Section 482 CrPC at the investigation stage merely because a parallel civil dispute exists. The Court emphasized that evaluating defence documents or requiring prior civil cancellation of sale deeds is beyond the scope of judicial review at this stage, reinforcing the primacy of criminal investigation in fraud cases.
The Chhattisgarh High Court has ruled that an FIR cannot be quashed under BNSS Section 528 merely because the petitioner was not named in the initial complaint, as ongoing investigation and emerging evidence may establish a prima facie case. This reinforces judicial restraint during probe phases and protects the state’s investigative autonomy unless clear abuse or mala fide is shown.