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MANISHA BATRA
Prabhat Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mrs. Manisha Batra, J.:- The instant petition has been filed under Section 482 of Code of Criminal Procedure (for short ‘Code’) seeking quashing of challan report filed under Section 173(2) of the Code and proceedings having emanated therefrom in case arising out of FIR No. 90 dated 26.04.2023 initially registered under Sections 323, 341 and 506 read with Section 34 of IPC (offences under Sections 451 and 452 of IPC having been added later on), at Police Station Sadar Kharar, District SAS Nagar.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of statement got recorded by the complainant Jaivinder Singh Negi on 26.04.2023 alleging therein that he was engaged in the business of property management and was caretaker of two showrooms existing in World One High Street Building, at Landran. A gym under the name of ‘old school’ was built on the top floor of showrooms No. 9 and 10 which were taken care of by the complainant. He alleged that on 03.04.2023, he was present in the gym for regular maintenance checking, when the present petitioners entered inside the same after hatching some con
The investigating officer has discretion in determining charges and is not mandated to follow the public prosecutor's recommendations, validating the addition of offences in the challan report.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
Corrupt practices - Investigation - It is for investigating agency to submit a report to Magistrate after full and complete investigation - Investigating agency may submit a report to effect that all....
The authority to file a charge sheet rests solely with the Investigating Officer, and any directive from a superior officer is unlawful, violating the right to a fair investigation.
The Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The court emphasized that FIR registration must not happen without jurisdiction, deeming the original complaint as an abuse of process due to lack of standing and the excessive time elapsed.
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
Cognizance of offences under Chapter XX of IPC, such as Section 494, requires a complaint from the aggrieved party, and police reports cannot be treated as complaints for the purpose of taking cogniz....
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