This article talks about quashing of FIR for being based on violation of right to non-arbitrary arrest.

Introduction

In India, the right to non-arbitrary arrest is a fundamental right guaranteed by the Constitution. The quashing of an FIR (First Information Report) based on the violation of this right is a legal remedy available to individuals who have been wrongfully accused and arrested. This article will explore the legal provisions and precedents related to the quashing of FIRs in cases where the arrest is found to be arbitrary and in violation of the individual’s rights.

Quashing of FIR for being based on violation of right to non-arbitrary arrest

Legal Provisions for Quashing of FIR

Under Section 482 of the Code of Criminal Procedure, the High Court has the inherent power to quash FIRs if it deems it necessary to prevent abuse of the process of any court or to secure the ends of justice. This provision allows the High Court to intervene in cases where the FIR is based on a violation of the right to non-arbitrary arrest.

Precedents and Case Laws

The Supreme Court of India has consistently held that the right to non-arbitrary arrest is a fundamental right guaranteed by the Constitution. In the landmark case of Joginder Kumar v. State of UP, the court laid down guidelines to prevent arbitrary arrests by the police. These guidelines include the right to be informed of the grounds of arrest, the right to legal representation, and the right to be produced before a magistrate within 24 hours of arrest.

Procedure for Quashing of FIR

In cases where the arrest is found to be arbitrary and in violation of the individual’s rights, the affected party can file a petition before the High Court under Section 482 of the CrPC seeking the quashing of the FIR. The court will then examine the facts and circumstances of the case to determine whether the FIR should be quashed to prevent abuse of the legal process or to secure the ends of justice.

Conclusion

The quashing of an FIR based on the violation of the right to non-arbitrary arrest is a legal remedy available to individuals who have been wrongfully accused and arrested. The High Court has the inherent power to intervene in such cases to prevent abuse of the legal process and to secure the ends of justice.

FAQs: Quashing of FIR for being based on violation of right to non-arbitrary arrest

1. Can an FIR be quashed if the arrest is found to be arbitrary?
Yes, the High Court has the inherent power to quash an FIR if it deems it necessary to prevent abuse of the legal process or to secure the ends of justice.

2. What legal provisions allow for the quashing of an FIR?
Section 482 of the Code of Criminal Procedure grants the High Court the inherent power to quash an FIR.

3. What guidelines have been laid down by the Supreme Court to prevent arbitrary arrests?
In the case of Joginder Kumar v. State of UP, the Supreme Court laid down guidelines to prevent arbitrary arrests by the police.

4. Can an individual seek the quashing of an FIR based on the violation of the right to non-arbitrary arrest?
Yes, an individual can file a petition before the High Court seeking the quashing of an FIR in such cases.

5. What is the procedure for seeking the quashing of an FIR?
The affected party can file a petition before the High Court under Section 482 of the CrPC seeking the quashing of the FIR.

6. What factors does the High Court consider when deciding whether to quash an FIR?
The court will examine the facts and circumstances of the case to determine whether the FIR should be quashed to prevent abuse of the legal process or to secure the ends of justice.

7. What are the rights of an individual in case of arrest?
An individual has the right to be informed of the grounds of arrest, the right to legal representation, and the right to be produced before a magistrate within 24 hours of arrest.

8. Can the quashing of an FIR be sought in cases of wrongful arrest?
Yes, the quashing of an FIR can be sought in cases where the arrest is found to be wrongful or arbitrary.

9. What legal remedy is available to individuals who have been wrongfully accused and arrested?
The quashing of an FIR based on the violation of the right to non-arbitrary arrest is a legal remedy available to such individuals.

10. Can the police be held accountable for arbitrary arrests?
Yes, the police can be held accountable for arbitrary arrests, and the affected party can seek the quashing of the FIR in such cases.

11. What is the role of the High Court in cases of wrongful arrest?
The High Court has the inherent power to intervene in cases of wrongful arrest to prevent abuse of the legal process and to secure the ends of justice.

12. Can the quashing of an FIR be sought if the arrest is found to be in violation of the individual’s rights?
Yes, the quashing of an FIR can be sought in cases where the arrest is found to be in violation of the individual’s rights, such as the right to non-arbitrary arrest.

13. What legal provisions empower the High Court to quash an FIR?
Section 482 of the Code of Criminal Procedure empowers the High Court to quash an FIR if it deems it necessary to prevent abuse of the legal process or to secure the ends of justice.

14. Can the quashing of an FIR be sought before the lower courts?
No, the quashing of an FIR can only be sought before the High Court under Section 482 of the CrPC.

15. What are the grounds for seeking the quashing of an FIR?
The grounds for seeking the quashing of an FIR include preventing abuse of the legal process and securing the ends of justice.

16. Can the quashing of an FIR be sought if the arrest is found to be in violation of fundamental rights?
Yes, the quashing of an FIR can be sought if the arrest is found to be in violation of fundamental rights, such as the right to non-arbitrary arrest.

17. What are the legal remedies available to individuals who have been wrongfully accused and arrested?
The quashing of an FIR based on the violation of the right to non-arbitrary arrest is a legal remedy available to individuals who have been wrongfully accused and arrested.

18. Can the quashing of an FIR be sought if the arrest is found to be arbitrary?
Yes, the quashing of an FIR can be sought if the arrest is found to be arbitrary and in violation of the individual’s rights.

19. What is the role of the High Court in cases of wrongful arrest?
The High Court has the inherent power to intervene in cases of wrongful arrest to prevent abuse of the legal process and to secure the ends of justice.

20. Can the police be held accountable for arbitrary arrests?
Yes, the police can be held accountable for arbitrary arrests, and the affected party can seek the quashing of the FIR in such cases.

21. What legal provisions empower the High Court to quash an FIR?
Section 482 of the Code of Criminal Procedure empowers the High Court to quash an FIR if it deems it necessary to prevent abuse of the legal process or to secure the ends of justice.

22. Can the quashing of an FIR be sought before the lower courts?
No, the quashing of an FIR can only be sought before the High Court under Section 482 of the CrPC.

23. What are the grounds for seeking the quashing of an FIR?
The grounds for seeking the quashing of an FIR include preventing abuse of the legal process and securing the ends of justice.

24. Can the quashing of an FIR be sought if the arrest is found to be in violation of fundamental rights?
Yes, the quashing of an FIR can be sought if the arrest is found to be in violation of fundamental rights, such as the right to non-arbitrary arrest.

25. What are the legal remedies available to individuals who have been wrongfully accused and arrested?
The quashing of an FIR based on the violation of the right to non-arbitrary arrest is a legal remedy available to individuals who have been wrongfully accused and arrested.