The duty of the police to investigate cognizable offences, the limitations on quashing criminal proceedings under Section 482 of the Cr.P.C., and the need for caution in exercising such powers.

JUDGMENT :

1. Rule. Learned APP waives service of notice of Rule for the respondent-State.

2. By way of the present petition, the petitioners are seeking following reliefs :

“A. To allow the present application;

B. To issue a write of mandamus and/or any other appropriate writ, order or direction quashing and setting aside the impugned FIR as well as subsequent proceedings (at Annexure - A) being C.R. No. 11191031240010 of 2024 registered with Shahibaug Police Station, Ahmedabad.

C. Pending admission and till final hearing and disposal of the present application, to stay further proceeding in connection with the impugned FIR being C. R. No.11191031240010 of 2024 registered with Shahibaug Police Station, Ahmedabad, and kindly direct to Shahibaug Police authority "Not to take any coercive action" against present applicants till final disposal of present application.

D. To pass any other and further order that may be through just and proper to this Hon'ble Court.”

3. Heard learned advocates for the respective parties.

4. Learned advocate for the petitioners has submitted that present petitioners are falsely enroped in the offence and one cross-complaint has been filed for the offence punishable under Sections 143, 147, 148, 149, 307, 324, 323, 294(b) and 427 of the Indian Penal Code read with Section 135(1) of the GP Act of the Indian Penal Code, 1860, wherein the present petitioners have sustained serious injury and even, they are under the treatment though they are falsely enroped in the offence. It is further submitted that for the impartial and neutral investigation, the petitioners have made representation to the Police Inspector, Shahibaug Police Station, Ahmedabad at Annexure-’C’ of the compilation and he has requested that present petitioner No.1 and his uncle both are falsely enroped in the offence and arraigned as accused. Hence, he has requested to allow the present petition. He has further stated that the present petitioners are victim and complaint is falsely filed with a view to harass the petitioners and save their skin. Hence, at least, he has requested to call for the papers of investigation and meanwhile to protect the accused persons by passing the order of no coercive action be taken by the police authority.

5. Learned APP has vehemently opposed the present petition and stated that complaint is registered only on 5th January, 2024 and investigation is going on and cross-complaint is also filed. It is further submitted that herein presence of the petitioners is not in dispute. Hence, she has requested to dismiss the present petition.

6. Having heard the learned advocates for the respective parties and having gone through the documents on record, It is worth to mention that in the present offence, the cross-complaint being filed by the present accused persons against the present complainant, wherein the present complainant is arraigned as an accused No.5. The impugned complaint is filed on 05th January, 2024, for the offence punishable under Sections 143, 147, 148, 149, 337, 294(b) and 427 of the Indian Penal Code read with Section 135(1) of the GP Act and the alleged incident took place at 16.00 P.M. and information was received at 20.10 P.M., whereas the cross-complaint being FIR No.11191031240011 of 2024 is filed on the same day, at the same police Station, for the offence punishable under Sections 143, 147, 148, 149, 307, 324, 323, 294(b) and 427 of the Indian Penal Code read with Section 135(1) of the GP Act and the alleged incident took place at 16.00 P.M. and information was received at 21.30 P.M. The cross-complaint is filed subsequent to earlier impugned complaint being 11191031240010 of 2024.

7. Perusing the complaint and the role attributed to the present petitioners, it is clearly stated that on 5th January, 2024 one incident took place at noon i.e. 12.00 P.M. to 12.30 P.M., in keeping grudge of the said incident, the present incident has happened and the present accused and his uncle both came at the spot wit