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SANJAYA KUMAR MISHRA
Satvindra Singh alias Sonu – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Sanjaya Kumar Mishra, J.
1. Heard learned counsel for the parties.
2. By filing this writ petition (criminal), the petitioner has prayed for issuance of a writ of Certiorari quashing the FIR Case Crime No. 137 of 2022 under Section 323, 427, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as “the Code” for brevity) P.S. Khatima, District Udham Singh Nagar dated 05.06.2022. It is brought to our notice that at the time of argument of the case on merits by the learned Deputy Advocate General that in the meantime, the offences under Section 307 and 341 of the Code have been added and there is every possibility of adding the offence under the provisions of the Arms Act, 1959 perhaps after the custodial interrogation.
3. The complainant lodged an FIR stating there in that there is dispute between him and the petitioner. On 04.06.2022 at about 10:00 pm when he was returning home in his Alto car, on the road, he was obstructed by the petitioner and he was assaulted and the car was damaged, then he fired at him/complainant but he ran through agricultural fields, because of darkness, the petitioner could not commit murder of the complainant. On such report, the FIR
The court emphasized that the power to quash an FIR should be exercised sparingly and only in exceptional cases where non-interference would result in a miscarriage of justice.
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
State notification deemed to amend cognizability status of offenses under Bharatiya Nyaya Sanhita; mala fide motives behind F.I.R. questioned.
The main legal point established in the judgment is the requirement for judicious exercise of powers under Section 156(3) of the CrPC, the duty of the police to register an FIR only if a cognizable o....
Point of law: The legal position on the issue of quashing of FIR or criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingl....
The main legal point established in the judgment is that the power of quashing an FIR should be exercised sparingly and with circumspection, especially at the nascent stage of investigation, and that....
The Court emphasized that the determination of the truthfulness of allegations and sufficiency of evidence is within the domain of the trial court, and the exercise of inherent power to quash the FIR....
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