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MANOJ KUMAR GARG
Samundra Bhargav – Appellant
Versus
State of Rajasthan – Respondent
Headnote: Read headnote
ORDER
1. Instant misc. petition has been filed by the petitioner for quashing of FIR No.182/2023 registered at Police Station Udaimandir, Jodhpur City East for offence under Section 420 IPC.
2. The facts in brief are that the complainant-respondent No.2 filed a complainant before the SHO, PS Udaimandir, Jodhpur City East inter alia alleging therein that being the highest bidder, a licence of liquor shop was issued in the name of the complainant on 21.03.2023, though neither he had applied for the same online or offline, nor he had deposited any documents or had put signatures upon the blank slips. When the said proceedings of allotment of liquor shop happened, at that time the complainant was at Aurangabad to earn livelihood. It was averred in the FIR that earlier the complainant gave copies of his Aadhar Car, PAN card and blank cheques to the petitioner for purchase of a motorcycle on finance. But due to some reason, the complainant went to Aurangabad without purchasing the vehicle and the requisite documents were in the possession of the petitioner. It was alleged that the petitioner by misusing the documents of the c
The court emphasized that quashing an FIR requires clear evidence that no cognizable offence is disclosed, which was not the case here.
The power to quash FIR should be exercised sparingly, ensuring no substantial allegations are ignored.
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.
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.
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