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MANOJ KUMAR GARG
Utamaram S/o Lumbaram – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
1. The petitioners have preferred these misc. petitions under Section 482 of Cr.P.C. for quashing the FIR No.16/2022 registered at Police Station Jhanwar, District Jodhpur for the offences under Sections 467, 468, 471 and 120-B of IPC.
2. Learned counsels for the petitioners submit that the present petitioners are only witnesses to the alleged document of sale deed and they are not at all the beneficiaries of the alleged sale deed. Counsels further submit that these petitioners have only identified the purchaser of the sale deed. So far as petitioner Ummed Singh is concerned, he has not identified anybody and no role whatsoever has been assigned to him. In these circumstances, since the FIR lodged against the petitioners is frivolous, it may be quashed.
3. Learned Public Prosecutor has opposed the prayer made by learned counsel for the petitioner.
4. I have considered the arguments and perused the case diary.
5. On perusal of the case diary, it would reveal that firstly the sale deed was executed in favour of one Sukharam and at that time, three persons, viz., Swaroop Singh, Puna Ram and Ishwar Singh were the witnesses in the alleged sale deed and they identified the forged pers
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
First information report is not an encyclopaedia which must disclose all facts and details relating to offence reported.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
The court established that quashing an FIR under Section 482 Cr.P.C. is permissible only when no prima facie case exists, reinforcing the need for investigations to proceed.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
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