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2004 Supreme(SC) 820
SUPREME COURT OF INDIA
Y.K. SABHARWAL, D.M. DHARMADHIKARI, JJ.
STATE OF PUNJAB THROUGH SECRETARY, HOME - APPELLANT
VERSUS
SUBHASH KUMAR AND OTHERS - RESPONDENTS
CRIMINAL APPEAL NO. 806 OF 2004,
DECIDED ON AUGUST 6, 2004
Headnote:
Criminal Procedure Code, Section 482 - Quashing of FIR - The allegation was of illegal felling of trees and theft of the same from the forest- The High Court by entering into the factual arena passed the impugned order quashing the FIR- Such a course was wholly impermissible - Order of the High Court set aside. [Paras 2 and 3]
ORDER
1. LEAVE GRANTED.
2. BY THE IMPUGNED ORDER, THE HIGH COURT HAS QUASHED FIR NO. 55 DATED 27-4-2001. THE FIR WAS REGISTERED AGAINST FOUR RESPONDENTS FOR HAVING COMMITTED THEFT OF CHEEL LOGS FROM THE FOREST OF KUKANET. IN SUM AND SUBSTANCE, THE ALLEGATION IS OF ILLEGAL FELLING OF TREES AND THEFT OF THE SAME FROM THE FOREST. CURIOUSLY, THE HIGH COURT BY ENTERING INTO THE FACTUAL ARENA HAS PASSED THE IMPUGNED ORDER QUASHING THE FIR. SUCH A COURSE IS WHOLLY IMPERMISSIBLE. THE HIGH COURT ACTED MORE AS AN INVESTIGATING AGENCY AT A STAGE WHEN THE FIR WAS UNDER INVESTIGATION. AT THIS STAGE, WE WISH TO SAY NO MORE LEST IT MAY PREJUDICE THE PARTIES.
3. FOR THE AFORESAID REASONS, WE ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER. THE INVESTIGATION SHOULD CONTINUE IN ACCORDANCE WITH LAW.
