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SUSMITA PHUKAN KHAUND
Indarjeet Kaur Sahni, S/o. Amarnath Sahni – Appellant
Versus
State Of Assam, rep. By PP, Assam – Respondent
JUDGMENT :
(Susmita Phukan Khaund, J.)
Heard Mr. S.P. Roy, learned counsel for the petitioner Shri Indarjeet Kumar Sahni, who has filed this application under Section 482 of Code of Criminal Procedure, 1973 (CrPC for short) with prayer for quashing the FIR registered as Basistha Police Station Case No. 502/2022 under Sections 420/406 of Indian Penal Code, 1860 (IPC for short).
2. The allegation against the petitioner is that he used to serve as the Manager-cum-Accountant under the informant specially, for the commercial activities of Creative UPVC Windoors, Guwahati since October, 2020 to March, 2022. Prior to that, the petitioner used to serve as informant’s sales manager at Naharlagun. It is alleged that money taken by the petitioner to purchase raw materials and salary component, was misappropriated by the petitioner. The petitioner showed some expenditures which does not meet up to the money taken away by the petitioner. There is a vast gap within the money taken by the petitioner and the money spent by the petitioner, which implies that the petitioner has misappropriated the money meant for salary component and purchasing raw materials. It is further alleged that the informant c
The court ruled that the petitioner failed to establish a prima facie case for quashing the FIR, emphasizing the need for ongoing investigation into serious allegations of misappropriation.
The court ruled that allegations in the FIR did not constitute a criminal offence, characterizing the matter as a civil dispute, allowing quashing under Section 482 of the CrPC.
The Court established that proceedings can be quashed under Section 482 of the CrPC when allegations do not constitute a prima facie case and continuing would abuse the Court process.
Inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and allegations must disclose a cognizable offence for proceedings to continue.
The court emphasized the need for strong suspicion of the accused's guilt at the stage of framing charges and the requirement of exceptional circumstances to quash a charge or FIR.
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
Quashing of criminal proceeding – It is no part of business of any of courts to ascertain what outcome of trial could be – Unless prosecution is shown to be illegitimate so as to result in abuse of p....
The High Court reaffirmed the necessity of detailed investigations where allegations constitute cognizable offences, as per the standards established in prior Supreme Court rulings.
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