The court cannot interfere to quash the F.I.R or interdict the investigation under Section 482 Cr.P.C when the F.I.R prima facie discloses commission of cognizable offences and requires investigation to ascertain the truth of the allegations.

JUDGMENT

Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of F.I.R in Crime No.4 of 2021 of L.Kota Police Station, Vizianagaram District.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. On a report lodged by the 1st respondent, who is the de facto complainant, alleging that the petitioner has abused her in the name of her caste and insulted her and also outraged her modesty, a case under Sections 354, 509 IPC and under Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC and ST Act') was registered against the petitioner in the above crime. The said case is now under investigation.

4. Learned counsel for the petitioner would submit that this is a false case foisted against the petitioner as a counter blast to the earlier case registered against the de facto complainant on the report lodged by the petitioner in view of the existing disputes relating to a land between them and as such continuation of criminal proceedings against the petitioner herein amounts to abuse of process of law. Therefore, she sought for quashment of the F.I.R.

5. Learned Additional Public Prosecutor would submit that there are specific allegations made against the petitioner in the F.I.R regarding commission of the aforesaid offences and as such the matter requires investigation to find out the truth of the said allegations. Therefore, he prayed for dismissal of the Criminal Petition.

6. As rightly contended by the Learned Additional Public Prosecutor, a perusal of the F.I.R prima facie discloses that there are specific allegations made regarding commission of the offences under the SC and ST Act and for the offences of insulting a woman etc,. So, the F.I.R discloses commission of a cognizable offence. Therefore, the matter requires investigation to find out the truth or otherwise of the said allegations. Although it is contended that it is a false case foisted as a counter blast to the earlier report lodged by the petitioner and on account of the land dispute that is in existence of which the petitioner is the owner of the land, these factual aspects cannot be gone into by this Court in a petition filed under Section 482 Cr.P.C seeking quash of the F.I.R. It is for the Investigating Officer to ascertain the truth or otherwise of the said allegations during the course of investigation. Therefore, this Court absolutely does not find any valid legal ground warranting its interference under Section 482 Cr.P.C either to quash the F.I.R or to interdict the investigation.

7. Therefore, the Criminal Petition is dismissed.

8. However, as the offences registered against the petitioner are all punishable with less than seven (07) years period of imprisonment, the Investigating Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C.

9. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.