BNSS VS CRPC – FIR and Trial related issue you must know – Here is an expected misinterpretation of the BNSS, which will soon be explained by the other High Courts and the Hon’ble Supreme Court. This one is from the Rajasthan High Court in the case of Krishna Joshi v. State of Rajasthan (S.B. Criminal Misc(Pet.) No. 4285/2024, DT. 09.07.2024).
Once the Supreme Court settled that a High Court exercising it’s inherent jurisdiction cannot quash a First Information Report if the ingredients of an offence are made out from the contents of the First Information Report, many informants, usually guided by their counsels, try to register FIRs by cleverly drafting in settled-ingredients of the offences they want the accused to be charged with. Once this is done, the High Court may not be able to quash the FIR unless it goes beyond the drafting, and tries to consider the question of such cleverness exercised by the informant with regard to the surrounding circumstances in which the FIR came to be registered.
FIR registered by clever drafting – Whether Quash is possible? Read Post »
