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ANUBHA RAWAT CHOUDHARY
Shashi Bhushan Srivastava, S/o. Late Dasrath Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Sanjay Kumar, the learned counsel appearing for the petitioners.
2. Heard Mr. Pankaj Kumar Choudhary, the learned A.P.P. appearing for the Opposite Party-State.
3. The petitioners have filed the present criminal miscellaneous petition for quashing of the First Information Report in Dumka Town P.S. Case No.118 of 2020 instituted under Sections 409, 420, 467, 468, 471, 120(B) of the Indian Penal Code and the entire criminal prosecution in connection with the aforesaid F.I.R., presently pending in the court of C.J.M., Dumka, as the same is completely vague disclosing no criminal liability against the petitioners.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners have been falsely implicated in the present case and no case is made out against the petitioners and therefore, instant application has been filed for quashing of the F.I.R.
5. The learned A.P.P. appearing for the Opposite Party-State submitted that the petitioners have prayed for quashing of the F.I.R. and as per the counter affidavit filed in the present case, a number of witnesses have been examined in the present case during investigation and they have supporte
The main legal point established in the judgment is the application of the criteria for quashing an F.I.R. under Section 482 of the Code of Criminal Procedure, as laid down by the Hon’ble Supreme Cou....
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
The power of quashing should be exercised sparingly with circumspection, and the court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases.
The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.
The main legal point established is that quashing of a criminal complaint or FIR should be sparingly exercised and is permissible only in rare cases where no prima facie case is made out.
The filing of a civil suit does not exempt a person from criminal liability, and the investigating agency must ascertain the truth of allegations in an FIR.
The court cannot assess the truthfulness of allegations in an FIR at the quashing stage; it must determine if the FIR discloses a prima facie case for proceeding.
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.
The power under Section 482 of Cr.P.C. should be exercised sparingly and with caution, especially in cases where investigation is pending, and does not permit the court to go into disputed questions ....
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