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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
N.S. SHEKHAWAT
J.C. Flowers Asset Reconstruction Pvt. Ltd. – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
N.S.Shekhawat, J.
1. The petitioners have filed the present petition under Section 528 of the BNSS with a prayer to quash the FIR No. 0471 dated 23.07.2024 under Sections 120-B, 420, 467, 468 and 471 of IPC (Annexure P-24) registered at Police Station Gurgaon Sadar alongwith all consequential proceedings arising therefrom.
2. After hearing the submissions made on behalf of the petitioners, this Court has already issued notice of motion to the respondents in the main case and the main case is stated to be pending on 12th March, 2025.
3. During the pendency of the main case, the petitioners/applicants have filed the present application seeking directions to the State of Haryana/Investigating Agency not to take any coercive action qua the applicants/petitioners and its employees in the present case.
4. During the course of hearing, learned senior counsel has made detailed submissions on the merits of the case and contended that the FIR is in total contradiction to the provisions of Section 32 of the SARFAESI Act, which protects the officers and secured creditor from any prosecution. Still further, the FIR and all subsequent proceedings are blatant misuse of the process of the Co
(1) Power of quashing should be exercised sparingly with circumspection. While examining an FIR/complaint, quashing of which is sought, court cannot embark upon an enquiry as to reliability or genuin....
The investigating agency cannot be restrained from investigating the FIR if it prima facie discloses the commission of a cognizable offence.
The court ruled that only the Appropriate Authority or authorized officers can investigate and file complaints under the PC&PNDT Act, prohibiting police involvement in such cases.
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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