Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi
The Supreme Court observed that FIRs or charge-sheets may be quashed under Article 226 before cognisance is taken, but once cognisance is taken, the remedy lies under Section 528 BNSS (S. 482 CrPC) to challenge both the FIR/charge-sheet and even the cognisance order, if duly pleaded. “So long cognisance of the offence is not taken, a writ or order to quash the FIR/charge-sheet could be issued under Article 226; however, once a judicial order of taking cognisance intervenes, the power under Article 226 though not available to be exercised, power under Section 528, BNSS was available to be exercised to quash not only the FIR/charge-sheet but also the order taking cognisance, provided the same is placed on record along with the requisite pleadings to assail the same and a strong case for such quashing is set up.”, the Court observed.
Cause Title: PRADNYA PRANJAL KULKARNI VERSUS STATE OF MAHARASHTRA & ANR.
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