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MOHIT KUMAR SHAH
Krishana Singh – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present petition has been filed seeking quashing of the order dated 15.6.2016, passed by the learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town P.S. Case No. 181 of 2010, whereby and whereunder the learned Trial Court has taken cognizance for the offences alleged under Sections 406, 409, 420 and 34 of the Indian Penal Code against the petitioner and others and the case is now pending before the learned Court of ACJM III, Aurangabad.
2. The case of the prosecution, in brief, according to the Deputy Development Commissioner, Aurangabad, as contained in his complaint letter dated 24.4.2010, is that the then Chairman, Zila Parishad, namely, Rupa Devi, in connivance with the concerned Junior Engineer and Assistant Engineer, had committed irregularities in various projects, pertaining to repair of canal and other works, whereupon enquiry was conducted and gross irregularities were found.
3. The learned counsel for the petitioner has though not disputed the discrepancy in the works carried out, pertaining to the aforesaid projects, but has submitted that the work measurement and work completion report was submitted by the Successor Jun
High Courts may quash FIRs under Section 482 CrPC only in exceptional circumstances, with a prima facie case against accused warranting investigation.
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 held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
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.
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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