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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Mohammad Atik – Appellant
Versus
State of Rajasthan – Respondent
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 rec
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.
The court emphasized the importance of fair and impartial investigation and directed the concerned authorities to decide the petitioners' representation within a specified time frame.
The court emphasized the protection of the petitioner's liberty, ruling that he should not be arrested during the investigation for offences triable by Magistrate, as per established legal principles....
The court established that a negative final report from an investigation can influence the decision to quash an FIR, underscoring the importance of accurate factual determinations in criminal proceed....
The court has the authority to quash an FIR under Section 482 Cr.P.C based on the factual report submitted by the Public Prosecutor.
The court cannot quash an FIR based on allegations without assessing the correctness of those allegations at the initial stage.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The court affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.
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