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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Rakesh Srivastava @ Rakesh Kumar Srivastava, Son of Abhay Narayan Srivastava @ Abhay Narayan Prasad – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. initiation of fir for economic offences. (Para 2 , 3 , 4) |
| 2. delay in fir registration and conditions for arrest. (Para 5 , 6 , 7) |
| 3. defense against allegations of fraud and delay in investigation. (Para 8 , 9 , 10) |
| 4. implications of complaint and sebi actions. (Para 11) |
| 5. importance of material evidence in ongoing investigations. (Para 12 , 13 , 14 , 15) |
| 6. right to a speedy trial amidst allegations of corruption. (Para 16 , 17 , 18 , 19) |
| 7. court's reflections on legal precedents and principles. (Para 20) |
| 8. court’s discretion on quashing based on evidence and delay. (Para 21 , 22 , 23) |
| 9. current status of petitioner amidst multiple fraud allegations. (Para 24 , 25 , 26) |
| 10. dismissal of quashing application due to lack of merit. (Para 27 , 28) |
JUDGMENT :
(HARISH KUMAR, J.)
This Court has heard Ms. Kumkum Mukherjee, along with Mr. Rajeev Ranjan, learned counsel for the petitioner and Mr. Vishwanath Prasad Singh, learned Senior Advocate assisted by Ms. Soni Shrivastava, learned Advocate for the Economic Offence Unit. Learned APP for the State is also present.
2. The petitioner by invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal P
A legitimate prosecution should not be stifled by the inherent power under Section 482; delays must be evaluated in context and cannot independently quash serious allegations.
The absence of established intention to cheat from the beginning and the need to make the company a party in cases where a wrong has been done by the company are crucial legal principles established ....
Delay in criminal proceedings may constitute an infringement of the right to a speedy trial under Article 21, warranting quashing of charges if allegations do not establish a prima facie case.
Criminal proceedings can be quashed when based on unsubstantiated allegations, especially in cases of inordinate delay in the investigation, which infringes on the right to a speedy trial.
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....
(1) Economic offences stand on a different footing than other offences and have wider ramifications – They constitute a class apart.(2) Power conferred by Section 482., Cr.P.C. is expected to be used....
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.
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
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