Ajay Partap vs UT of J&K - 2022 Supreme(J&K) 686

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 686

RAHUL BHARTI
Ajay Partap – Appellant
Versus
UT of J&K – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Abhinav Sharma; Abhimanyu Sharma
For the Respondent: Sumeet Bhatia

JUDGMENT :

RAHUL BHARTI, J.

1. The power of investigation without knowing the province of investigation is the bane of police investigation proving to be failure in bringing home successful prosecution of criminal cases in the courts of law. The present case presents the exact scenario rendering the very FIR and the so called investigation there under exposed to serious challenge.

2. Of the seven enlisted grounds by the Hon'ble Supreme Court of India in case of “State of Haryana and others Vs. Ch. Bhajan Lal and others” reported in AIR 1992 SC 604 for exercise of inherent powers under section 482 of Cr. P.C., 1973 relatable to an FIR generated investigation of a criminal case, grounds figuring at serial number 5 & 7 are:-

“(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and pe