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2002 Supreme(SC) 223

G.B.PATTANAIK, S.N.PHUKAN, S.N.VARIAVA
M. L. Bhatt – Appellant
Versus
M. K. Pandita – Respondent


ORDER

Heard Mr. Sushil Kumar, learned senior counsel appearing for the petitioner and the respondent-in-person. On the basis of an allegations made by the petitioner, an FIR was registered being no. 3/1997, and that FIR made some allegations against the respondent of commission of offence under section 420/120-B, IPC, in relation to certain allotment of land in Delhi. While the matter was under investigation, the respondent having invoked jurisdiction of the High Court under Article 226 of the Constitution in Crl. W.P. No. 969/1999, the division bench of Delhi High Court on a detailed examination of the entire materials including the statement recorded in course of investigation quashed the FIR on a conclusion that the allegations in the FIR do not constitute an offence. On examining the impugned judgment, we have no manner of doubt that the High Court exceeded its jurisdiction and the parameters prescribed in a catena of decisions where a Court could be justified in quashing the FIR. At this stage, the High Court would be entitled to only examine the allegations made in the FIR and would not be entitled to appreciate by way of shifting the materials collected in course of investig




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