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The High Court considered a petition seeking quashing of complaints u/s 120B IPC and Prevention of Corruption Act. The court ruled that preliminary enquiry is not mandatory for cognizable offences. Delayed prosecution sanction was noted, but the violation of timelines alone may not warrant quashing. Mala fides of the informant were deemed secondary to evidence. Alleged violations of FIR procedures and delays were deemed trial issues, not grounds for quashing. The court found no exceptional circumstances to invoke its extraordinary jurisdiction u/s 482 CrPC. The petition was dismissed, parties to bear own costs, and any previous stay was lifted.
The High Court considered a petition seeking quashing of complaints u/s 120B IPC and Prevention of Corruption Act. The court ruled that preliminary enquiry is not mandatory for cognizable offences. Delayed prosecution sanction was noted, but the violation of timelines alone may not warrant quashing. Mala fides of the informant were deemed secondary to evidence. Alleged violations of FIR procedures and delays were deemed trial issues, not grounds for quashing. The court found no exceptional circumstances to invoke its extraordinary jurisdiction u/s 482 CrPC. The petition was dismissed, parties to bear own costs, and any previous stay was lifted.
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