Can FIR be quashed on the ground of inordinate Delay ?

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The Supreme Court has recently observed that unexplained or inordinate delay can be considered to be a very crucial factor for the purpose of quashing a criminal complaint.


The Bench of Justices Krishna Murari and S Ravindra Bhat observed that the law is meant to protect the innocent rather than to be used as a sword to threaten them.

In the instant case, a Drug Inspector inspected the accused’s premises in 2013 for alleged contravention of Section 18c of the Drugs and Cosmetics Act of 1940 r.w Rule 65(5)(1)b of Drugs and Cosmetics Rules.

However, the complaint against the accused was lodged against him four years later in 2016 and the accused moved the High Court of Madras seeking to quash the complaint but his plea was dismissed prompting him to approach the Supreme Court.

At the outset, the Top Court noted that the complainant has provided no explanation for the extraordinary delay of more than four years.

As per the court, this delay indicates a sinister motive behind initiating the criminal proceedings and while inordinate delay might itself not be a ground to quash the complaint, in such cases unexplained and inordinate delay is a crucial ground to quash the complaint.

The further observed that the law must not be used as a tool to harass the accused and its the duty of the court to look into every case to prevent miscarriage of justice.

With these observations, the court allowed the appeal filed by the accused. #supremecourt #cosmetics #law


Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )
Advocate & Consultant, Supreme Court of India & High Courts

4C Supreme Law International, Delhi, NCR. Mumbai & Dubai
Tel: M- 91- 9818320572. Email: editor.kumar@gmail.com

Facebook: /4Clawfirm, /legalajay/ Linkedin: /ajaykumarpandey1/ Twitter:  /editorkumar / YouTube: c/4cSupremeLaw/ Insta: /editor.kumarg


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दुष्कर्म के नाम पर चल रहा था वसूली का खेल, महिला SI सस्पेंड: Delhi Police

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Will District Magistrate look after Child Welfare ?

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Insolvency and Bankruptcy Code Bill 2021: amendments for small businesses

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Can daughter in law drive out father-in-law from family property?

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Can your brother and Sisters have claim over your property ?

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Are women safe at home?

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A woman is raped every 5 hours, 10 mins in Delhi

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Centre sets speed limit for vehicles in Delhi, heavy fines for over speeding

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Law and Covid

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Are you ready to die peacefully

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DO YOU HAVE WILL TO WALK ?

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सवाल: मकान मालिक या किरायेदार... किसे फायदा पहुंचाएगा केंद्र का नया कानून, जानिए प्रमुख बातें

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Do you want to earn huge money?

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WhatsApp पर तीन रेड टिक? नहीं, सरकार आपके मैसेज, कॉल रिकॉर्ड नहीं कर रही है

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Are you next victim of Spy Groom war?

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काम की बात: क्या नॉमिनी ही होता है उत्तराधिकारी? जानिए क्या कहता है नियम और क्या हैं इनके अधिकार

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My father passed away without a will. Who has legal rights to his property?

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Get paid without insurance for Covid death

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News You Can Use.

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कोरोना में पैरेंट्स को राहत:सुप्रीम कोर्ट ने कहा- स्कूल चलाने का खर्च कम हुआ, इसलिए ऑनलाइन क्लासेस की फीस घटानी चाहिए

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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

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Are you a victim of Covid-19 Goonda Raj ?

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Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

FIR, Supreme Court of India, Supreme court advocate, Supreme court lawyer, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Coronavirus: Is vaccine found for India Inc?

FIR, Supreme Court of India, Supreme court advocate, Supreme court lawyer, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

FIR, Supreme Court of India, Supreme court advocate, Supreme court lawyer, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Who will pay rent for lockdown period?

FIR, Supreme Court of India, Supreme court advocate, Supreme court lawyer, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Legal consequences of being whatsapp group admin

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