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1994 Supreme(Raj) 314

Rajasthan High Court
Honble B.R. Arora, J.
Ram Narain Deora - Appellant
Versus
The State of Rajasthan and Others - Respondents
S.B. Criminal Misc. Petition No. 482 of 1994
Decided On : August 09, 1994

Advocates Appeared:
M.D. Purohit, Senior Advocate, with T.R.S. Sodha, for Petitioner B.S. Bhati, Public Prosecutor

Headnote:Criminal Procedure Code, 1973 — Section 482 — Application to quash the F.I.R. — The case law of the Apex Court was followed (1994) 2 SCC 277 - When the F.I.R. discloses the commission of an offence the powers of the police to investigate cannot be interferred — The High Court will not exercise its inherent powers — This is a premature stage without any investigation — To consider the defence of the accused would amount to investigation by the court — High Court will not usurp the powers vested in the investigation agency. (Para 5 & 7)

       

Honble ARORA, J. — The petitioner, by this miscellaneous petition, has prayed for quashing the F.I.R. No. 278/94 (EX.P.10) lodged by Nimba Ram against him at Police Station, Nagaur.

(2). The allegations made in the written report, lodged by Nimba Ram, are that on 25-2-94, he applied for the loan for his tube- well from Amfort Agro Finance Limited, Branch Office, Nagaur, and submitted the application in the prescribed form after completing the necessary formalities. Dileep Kankariya was the Assistant Manager while Rani Narain Deora was the Branch Manager of the aforesaid Finance Company. They and one Prema informed the complainant to deposit Rs. 25,000/- so that the loan may be released in his favour. The informant deposited Rs. 2000/- on 10-3-94 as the service charges vide receipt No. 2860 and Rs. 25,000/- were deposited on 23-3-94 vide receipt No. 13923 in the Nagaur Branch of Amfort Agro. Finance Limited. His son, also, deposited Rs. 2000/- on 10-3-94 vide receipt No. 2859. The Amfort Agro. Finance Company thereafter released a cheque for an amount of Rs. 60,000/- on 25-4-94, which was dishonoured by the bank. After the cheque being dishonoured, he approached the officers of the Finance Company posted at Nagaur but they refused to make payment and showed their inability. When the complainant demanded back the amount of Rs. 29,000/- then they declined to make payment and informed him that the Office has been closed and no payment can be made. On the basis of this information, a case was registered against the petitioner, Dileep Kankariya and one Prema at Police Station, Nagaur.

(3). The quashing of the F.I.R. lodged by Nimba Ram at Police Station, Nagaur, has been sought by the petitioner on the ground that the complainant, with respect to several cases including the case against the petitioner, filed a complaint in the Court of the Chief Judicial Magistrate, Nagaur, against the Managing Director Mr. Sajjan Singh Rathore, Senior Manager (Adm.), Mr. Rajendra Singh, Regional Manager, Mr. Chhatar Singh, Ganesh Ram and other employees of the company and, also, against one Rajendra Singh Shekhawat the Area Manager- which was sent for investigation to the S.H.O., Police Station, Nagaur, and two parallel proceedings involving the same offences, cannot be investigated and the present F.I.R. has been lodged against the petitioner in order to harass him. It has, also, been submitted by the learned counsel for the petitioner that the cheques which have been dishonoured by the bank, were issued by the Head Office and not by the petitioner and whatever amount was obtained by him, has been sent by him to the Head Office and, therefore, the petitioner has not committed any offence and he merely acted on behalf of the company to accept the money for sending the same to the Head Office and the domain of the money never remained with the petitioner. The learned Public Prosecutor, on the other hand, has submitted that the F.I.R., at the initial stage, cannot be quashed because the allegations made in it do disclose a cognizable offence against the petitioner justifying the investigation by a police officer. It has, also, been submitted by the learned Public Prosecutor that two parallel investigations with respect to the same matter can be continued and there is no bar against it.

(4). I have considered the submissions made by the learned counsel for the parties.

(5). Registration of the F.I.R. is the beginning of the investigation. It can be quashed if the allegations made in it do not disclose a cognizable offence justifying the investigation by the police officer but if the allegations disclose the commission of the cognizable offence then the inherent powers of this Court under Section 482 Cr.P.C. should not be used to stiffle the legitimate prosecution. The Court should refrain from interferring in the statutory powers of the police to investigate the matter by quashing the F.I.R. and give a pre-mature decision when the allegations made in the






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