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MANOJ KUMAR GARG
Kiran Kumar Malviya – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition for quashing fir based on frivolous claims. (Para 1) |
| 2. arguments from petitioners and opposition regarding fir. (Para 2 , 3) |
| 3. court's observation on investigation and evidence. (Para 4 , 5) |
| 4. guidelines on exercising inherent powers under section 482 cr. p.c. (Para 6 , 7 , 8 , 9 , 10) |
| 5. final ruling on the dismissal of the petition. (Para 11) |
JUDGMENT :
MANOJ KUMAR GARG, J.
The petitioners have preferred this petition under Section 482 of Cr. P.C. for quashing the FIR No. 163/2022 registered at Police Station Sumerpur, District Pali for the offence under Sections 420 , 467, 468, 471, 447, 427, 379 and 120-B of IPC as well as entire proceedings/investigation as carried out thereunder against the petitioners.
2. Learned counsel for the petitioners submits that earlier the petitioners has filed petition being S.B. Criminal Misc. Petition No. 3171/2022 before this Court, which was decided vide order dated 17.02.2023 with the direction to file the representation before the concerned Superintendent of Police as well as Investigating Officer. Counsel submits that in pursuance to the order dated 17.02.2023, the petitioners already submit the representation with the
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and cautiously, and only in cases where the allegations do not prima facie constitute an offense or where there is an....
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.
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
Court when it exercises power under Section 482 Cr.P.C., only has to consider whether allegations in FIR disclose commission of a cognizable offence or not.
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
Point of Law : Extraordinary jurisdiction under Section 482 Cr.P.C. High Court cannot go beyond the allegations made in the F.I.R. or rely upon extraneous consideration.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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