S.NATARAJAN, V.BALAKRISHNA ERADI
State Of Punjab – Appellant
Versus
Dharam Singh – Respondent
(1) THIS appeal by special leave is directed against an order of the High court allowing a petition under S. 482 Criminal Procedure Code and quashing the first information report registered against the respondents and the proceedings taken in pursuance thereof. The order of the High. court cannot be sustained because the police authorities are enjoined by law to register a case and conduct investigation whenever information is laid regarding the commission of cognizable offences. As such the quashing of a first information report will amount to restraining the police authorities from performing the duties enjoined upon them by law. The High court has not been unaware of this position because it has stated in its order as follows:
INSOFAR as the legal position is concerned it is well established that the first information report which sets into motion the investigational process can be quashed only in a case where the facts as alleged in the report, even if taken to be true, do not prima facie constitute an offence, meaning thereby that the first information report must disclose prima facie that a cognizable offence has been committed.
(2) THE High court has, howe
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