IMPORTANT POINTS
(1) Quashing of criminal proceedings – Extraordinary power under Article 226 or inherent power under Section 482, Cr. P.C. could be exercised by High Court, either to prevent abuse of process of any Court or otherwise to secure ends of justice.
(2) Where allegations are vague, asking a person to stand trial will be nothing but abuse of process of law.

JUDGMENT :

C.T. RAVIKUMAR, J.

1. Leave granted.

2. This appeal by special leave is directed against the judgment dated 26.08.2020 in Criminal Misc. Writ Petition No.8063 of 2020 passed by the High Court of Judicature at Allahabad, refusing to quash FIR No.64/2020 registered at Police Station, Sadar Bazar, District Meerut. Furthermore, it was ordered thereunder thus: -

“However, considering the allegations made in the FIR, the provisions of Section 157, Cr. P.C. and the view taken by the Apex Court in the case of Joginder Kumar v. State of U.P. 1994, Cr.L.J. 1981, it is directed that the petitioner shall not be arrested in the above case, till the credible evidence is not available against him during the investigation or till the submission of Police Report under Section 173(2), Cr. P.C., whichever is earlier.”

3. On 14.10.2020, this Court issued notice and also stayed further proceedings based on the subject FIR. The said order is still in force.

4. The facts leading to the impugned judgment read as under: -

Hyundai Motor India Limited (for brevity, ‘HMIL’ only) awarded a contract for construction and development of a project work namely, Gurgaon, HMI Project, R.C. Works (hereafter referred to as, ‘the project’) to Hyundai Engineering & Construction India LLP (for short, ‘HEC India LLP’). Agreement dated 20.10.2017 was executed therefor, between the said companies and the appellant herein was the Project Manager of HEC India LLP. He is a foreign national. HEC India LLP, sub-contracted the work to KOTEC Automotive Services India Private Limited (for short, ‘KOTEC’) which in turn sub-contracted the RC constructions work to M/s. YSSS India Construction (for short, ‘YSSS’) and ‘YSSS’ further sub-contracted with M/s R.T. Construction, which is the complainant’s (respondent No.4 herein) entity, to obtain manpower. It is alleged in the subject FIR that ‘YSSS’ in connivance with the other accused defaulted payment to the complainant’s company. The subject FIR was registered under Sections 406, 420, 323, 504, 506 and 120-B of the Indian Penal Code, 1860 (hereafter, ‘the IPC’) against the accused, including the appellant herein on the allegation that ‘YSSS’, in connivance with the other accused defaulted payment to the company to the tune of Rs.9 Crores. Pursuant to the lodgement of the FIR, the appellant received notices dated nil, on 06.08.2020 and 09.09.2020, issued under Section 91 of the Code of Criminal Procedure, 1973 (hereafter, ‘the Cr.P.C.’) calling upon him to produce certain documents. Though, the appellant produced documents in his possession before the Investigating Officer, he got further notices insisting for production of more documents which, according to him, are not in his possession. It is in the aforesaid circumstances and raising various contentions that the appellant approached the High Court seeking quashment of the FIR, which is produced in these proceedings as Annexure P-9.

5. Multifarious contentions have been raised, unsuccessfully, by the appellant to support his prayer for quashment of the subject FIR before the High Court. He reiterated such contentions before us, as well. But before dealing with such contentions, as also the challenge against the impugned judgment it is only apposite to refer to the relevant recitals from the subject FIR, which read as follows: -

“About all aforementioned people conniving with intention to cause loss to the Applicant and to make gain for themselves, hatching criminal conspiracy, committing cheating, fraud and. forgery against the Applicant and misappropriating Applicant's money - Hon'ble Sir, This is to submit that Applicant Tahir, Partner M/s RT Construction, 202 B/9, Ground Floor, Thatwari Complex, Westend Road, Near Meerut Public School, Meerut ant, Meerut has been doing his) business from a long time. The Applicant has been doing business of construction for approximately the last 30 years. Applicant's brother Nasir and Partner Ravindra to look after the said business along