TaxTMI 
TaxTMI 
TaxTMI 
2014 (11) TMI 1282
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.... : Shiv Mangal Sharma, AAG, Aishwarya Bhati, Pawan Kumar Saini, Akshat Anand, Shrey Kapoor, Anjali Chauhan, Advs. for Ruchi Kohli, Adv. JUDGMENT S.K. Singh, J. 1. Leave granted. 2. Heard Mr. H.D. Thanvi, learned Counsel for the Appellant, Ms. Aishwarya Bhati, learned Counsel for the accused Respondents and Mr. Shiv Mangal Shama for the State of Rajasthan. 3. The accused approached the High Co....
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....honestly prepared an agreement for sale of her lands. After noticing that the complaint of the Appellant was forwarded to the police for instituting FIR and investigation and that the accused were seeking quashing of the FIR, the High Court took into consideration a report described as a factual report submitted by the Investigating Officer and by placing reliance solely upon such report obtained ....
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.... to interfering with the statutory power of the police to investigate a cognizable offence in accordance with the provisions of Code of Criminal Procedure. As per law settled by a catena of judgments, if the allegations made in the FIR prima facie disclose a cognizable offence, interference with the investigation is not proper and it can be done only in rarest of rare cases where the court is sati....
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.... to the civil action initiated by the accused against the complainant for specific performance of an agreement for sale. 9. Learned Counsel for the accused also pointed out that there was some delay in lodging the complaint and that created further suspicion in the mind of the High Court, leading to an inference recorded in the order that permitting the investigation to continue is unwarranted as....