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RAKESH THAPLIYAL
Susheel – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. By the instant writ petition, the petitioner is praying for quashing of the First Information Report dated 05.05.2024, bearing No. 0354 of 2024, lodged by respondent No. 4 against four persons, namely, Rajan, Hari Om, Guddu as well as against one unknown person for the offences punishable under Sections 147, 302 and 323 IPC, P.S. Manglore, District Haridwar.
2. It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR, has no criminal history, and is a resident of the village of Dhandera, Police Station Civil Line Kotwali Roorkee, District Haridwar and he runs a bike mechanic and service shop, namely "Naman Hero Honda Service Centre" in Civil Line, Roorkee, District Haridwar.
3. As per the prosecution, the son of the deceased-Ankit Kumar lodged a First Information Report, alleging therein that the younger brother of the petitioner namely, Gopi loved with one girl namely Versha, daughter of Vijender, resident of Tansipur, Manglaur, District Haridwar and both of them loved with each other and ran away from home and got married. When the father of the petitioner came to know about this incident, both of them ra
The court established that judicial interference in police investigations is limited and should only occur in exceptional cases to prevent miscarriage of justice.
The investigating agency cannot be restrained from investigating the FIR if it prima facie discloses the commission of a cognizable offence.
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
The power of quashing should be exercised sparingly, and the judiciary should not interfere with police investigations unless there is no cognizable offence disclosed in the FIR.
The court ruled it inappropriate to quash a FIR at the investigative stage unless a clear case for quashing is established, emphasizing police prerogative in investigating alleged offences.
The power of quashing should be exercised sparingly, and the court should not interfere with the investigation unless no cognizable offense is disclosed in the FIR.
High Courts cannot quash FIRs under Section 482 of the Code without completed investigations or manifest injustice; police must investigate cognizable offences without interference.
(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....
It is the duty of a Judge to sustain the judicial balance and not to think of an order which can cause trauma to the process of adjudication
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