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MOHIT KUMAR SHAH
Jay Prakash Chaubey – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present petition has been filed for quashing the order dated 24.9.2015, passed by the learned Court of Chief Judicial Magistrate, Gopalganj, whereby and whereunder cognizance has been taken under Sections 420, 409 and 34 of the Indian Penal Code against the petitioner herein in connection with Kuchaikot P.S. Case No. 239 of 2014.
2. The case of the prosecution, in brief, according to the Block Development Officer, as stated in his written complaint dated 25.9.2014, is that for the financial years 2006 and 2007, a sum of Rs. 8,40,000/- was made available under the Sarv Siksha Abhiyan to the Rampur Khareya Uee Primary School, Kuchaikot, District-Gopalganj for construction of building, whereafter the principal of the school i.e. the petitioner herein and the Secretary of the School Education Committee had withdrawn the said amount, but the building in question was not constructed, although the building ought to have been constructed by the year 2008.
3. The learned counsel for the petitioner has submitted that though the petitioner had withdrawn the money from the Bank on various occasions, but he had handed over the same to the Secretary of the Vidhyalaya Sik
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
High Courts may quash FIRs under Section 482 CrPC only in exceptional circumstances, with a prima facie case against accused warranting investigation.
The power to quash a criminal proceeding should be exercised sparingly and with caution, and there must be factual supporting material in the FIR to fasten the accused with criminal liability.
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