Pradip N. Sharma vs State Of Gujarat 2025 INSC 291 - Ss. 438,482 CrPC -Anticipatory Bail - Quashing
Code of Criminal Procedure 1973 - Section 438 : BNSS 2023 - Section 482 - Anticipatory bail can be granted where custodial interrogation is not essential, particularly in cases where the allegations hinge on official records and the presence of the accused can be secured without pre- trial detention. (Para 18)
Code of Criminal Procedure 1973 - Section 482 : BNSS 2023 - Section 528 - The scope of allowing a prayer for quashing is limited and is to be exercised only in exceptional cases where it is manifestly clear that no offense is made out - At the stage of investigation, Courts should refrain from preemptively quashing criminal proceedings unless there is an evident abuse of process. When the accused's contentions relate to factual disputes that need verification through proper investigatory mechanisms, it would be inappropriate to exercise the inherent powers to quash the proceedings at this stage. (Para 17)