The court ruled that an FIR cannot be quashed when ongoing investigations reveal potential offences, allowing petitioners to present their case to the Investigating Officer.

ORDER :

(MANOJ KUMAR GARG, J.)

The instant misc. petition under Section 482 Cr.P.C. (528 B.N.S.S.) have been filed by the petitioners for quashing of FIR No.84/2022 registered at Police Station Dev Nagar, District Jodhpur for offences punishable under Sections 420, 467, 468, 471 and 120-B of IPC.

2. Learned counsel for the petitioners submits that firstly after investigation, Police proposed a final report in this case and now, after changed circumstances the Investigating Officer wants to arrest the petitioners. In these circumstances, counsel for the petitioners submits that they want to give a detailed representation before the Investigating Officer who shall investigate the matter thoroughly but till filing of the challan, protection may be provided to the petitioners because four of the petitioners are senior citizen and one of the petitioners is merely an employee of the Marwar Muslim Educational and Welfare Society and not a beneficiary.

3. Per contra, learned AAG as well as counsel for the complainant have vehemently opposed the prayer made by counsel for the petitioners.

4. After hearing learned counsel for the parties and taking into consideration the material available on record, particularly looking to the fact that the FIR in this case has been registered in the year 2022. Furthermore, in earlier investigation the Police is going to file a final report and now, in changed circumstances the offences have been proved against the petitioners.

5. In view of the above, I am not inclined to quash the FIR.

6. However, liberty is granted to the petitioners to file a representation alongwith relevant documents before the concerned Investigating Officer within a period of two weeks. The concerned Investigating Officer shall take up all the facts as well as representation, if any, filed on behalf of the petitioners and complete the investigation by considering them strictly in accordance with law within a period of one month from the date of filing of the representation.

7. Thereafter, if the Investigating Officer wants to file challan against the petitioners then the petitioners shall move an appropriate misc. petition or avail appropriate remedy, if any occasion arises.

8. In the meanwhile and till filing of the challan, the petitioners shall not be arrested in connection with FIR No.84/2022 registered at Police Station Dev Nagar, Police Jodhpur for offence under Sections 420, 467, 468, 471 and 120-B of IPC.

9. The instant misc. petition filed by the petitioners is disposed of accordingly. Stay petition is also disposed of.