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2017 Supreme(SC) 1104

R.K.AGRAWAL, A.M.SAPRE
Chirag M. Pathak & Ors. Etc. Etc. – Appellant
Versus
Dollyben Kantilal – Respondent


Advocates Appeared:
For the Appellants :- Varinder Kumar Sharma, Advocate.
For the Respondents:- Ms. Puja Sharma, (M/S. Lawyer S Knit & Co), Ms. Hemantika Wahi, Advocate.

Judgement Key Points

<|channel>thought <sentence rank="1" In our considered opinion, it is only when on reading the FIR, a sheer absurdity in the allegations is noticed and when no prima facie cognizable case is made out on its mere reading due to absurdity in the allegations or when facts disclose prima facie cognizable case and also disclose remarkable identity between the two FIRs as if the first FIR is filed second time with no change in allegations then the Court may, in appropriate case, consider it proper to quash the second FIR [25]. <sentence rank="2" The High Court, in exercise of its powers under Section 482 of the Code, cannot undertake a detailed examination of the facts contained in the FIRs by acting as an Appellate Court and draws its own conclusion [24]. <sentence rank="3" If on a consideration of the relevant materials, the Court is satisfied that an offence is disclosed, the Court will normally not interfere with the investigation into the offence and will generally allow the investigation in the offence to be completed for collecting materials for proving the offence (!) . <sentence rank="4" The condition precedent to the commencement of investigation under S.157 of the Code is that the F.I.R. must disclose, prima facie, that a cognizable offence has been committed (!) . <sentence rank="5" We find that the High Court had labored hard when it devoted 46 pages in examining the factual issues involved in six cases, appreciated the allegations of FIRs like an Appellate Court to some extent and then reached to a conclusion that all the six FIRs were based on identical facts and the allegations contained therein overlap and, therefore, the first FIR alone will survive for investigation whereas remaining five FIRs would not survive and merge in the first FIR [18].


JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are filed by appellants against the common judgment dated 17.10.2013 passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application Nos.1265, 1266, 1267, 1268, 1269, 2930, 2931, 2932, 2933 and 2934 of 2013 whereby the High Court allowed the applications filed by the respondents herein under Section 482 of Code of Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") and quashed the five First Information Report (in short "the FIR") Nos.50/2013, 51/2013, 52/2013, 53/2013 and 54/2013 dated 19th February, 2013.

3. Facts of the case and the issues involved in these appeals are short. They, however, need mention hereinbelow to appreciate the controversy.

4. Six FIRs were registered in different Police Stations in the State of Gujarat against six different Co-Operative Housing Societies for commission of various offences alleged to have been committed by the President, Office Bearers and other persons of the six Societies under Sections 406, 409, 420, 465, 467, 468, 471,120-B and 477-A of th




































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