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DEVASHIS BARUAH
Prahlad Sharma @ Prahlad Rai Sharma, S/o. Begraj Sharma – Appellant
Versus
State of Assam, Represented by the PP, Assam, Guwahati – Respondent
JUDGMENT :
Devashis Baruah, J.
The instant writ petition has been filed by the Petitioner challenging the FIR dated 28.06.2021 lodged by the Respondent No. 5 before the Officer-In-Charge of Sector 10-A Gurugram Police Station at Haryana.
2. This Court have duly perused the translated copy of the FIR which has been enclosed as Annexure-3 to the writ petition. From a perusal of the said FIR, it reveals that the Respondent No. 5 claims that he has a broom making factory at Gali No. 1, Vikash Nagar, Gurugram and carries on business in the name and style of “ D.S. Enterprise”. It is alleged in the FIR that a person named Ritu Moni Kalita had contacted the Respondent No. 5 and asked him to take raw materials for making broom from him. The Respondent No. 5 thereupon went to Jagiroad to meet the said Ritu Moni Kalita. It is further alleged that the said Ritu Moni Kalita came to the Respondent No. 5 and informed the Respondent No. 5 that if he puts Rs.3,00,000/- in the account of Shri Ritu Moni Kalita, the said person would send the raw materials for making broom to Gurugram. It was alleged that the Respondent No. 5 deposited Rs. 2 lakhs on 26.02.2020 and Rs. 1 lakh on 29.02.2020 in the said R
The court established that an FIR cannot be quashed solely on jurisdictional grounds if it discloses a cognizable offence, and that the police have a statutory duty to investigate such offences.
The court emphasized that FIR registration is mandatory for cognizable offences, rejecting locus standi as a barrier to filing complaints.
The High Court should not exercise its extraordinary writ jurisdiction to direct the registration of an FIR when an efficacious alternative statutory remedy is available, unless there are exceptional....
The court emphasized that the power to quash an FIR should be exercised sparingly and only in exceptional cases where non-interference would result in a miscarriage of justice.
Writ Jurisdiction cannot be invoked to register FIR where alternative equally efficacious statutory remedies are available.
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
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