The court emphasized the limited scope of the court's interference under Article 226 and the obligation of police to register an FIR if a cognizable offence is disclosed.

JUDGMENT :

Gurpal Singh Ahluwalia, J.

Heard through Video Conferencing

1. This petition under Article 226 of the Constitution of India has been filed seeking the following relief :-

"(i) Issue an appropriate writ quashing the criminal proceedings pending against the petitioners in Crime No. 124/2020 at P.S. Ishanagar Chhatarpur M.P.

(ii) Issue an appropriate writ restraining the respondents from taking any adverse action against the petitioners.

(iii) To issue a writ directing respondents to hold enquiry in respect of false implication of the petitioners in Crime No. 124/2020 at P.S. Ishanagar Chhattarpur M.P.

(iv) Call for entire record of the case of Petitioner.

(v) To grant any relief deemed just and proper in the facts and circumstances of the case."

2. It is submitted by the counsel for the petitioner that FIR in crime No. 124/2020 has been got registered by the respondent No. 7 at Police Station Ishanagar, District Chhatarpur by way of counter blast as the son of petitioner No. 1 was killed by the sons and other family members of respondent No. 7 and a crime No. 176/19 has been registered against six persons at Police Station Ishanagar, District Chhatarpur. Out of six accused persons, five have already been arrested and one is still absconding and a reward of Rs. 5,000/- has been declared. The application for bail filed by the son of the respondent No. 7 namely Pratap Singh has already been rejected by this Court and in order to create a counter pressure, the respondent No. 7 has lodged false FIR of Section 307 on the basis of self inflicted injury and thus it is prayed that as the report lodged by respondent No. 7 suffers from malafides and has been lodged by way of counter blast, therefore, the same may be quashed or the police may be directed to conduct free and fair investigation.

3. Per contra, the prayer made by the counsel for the petitioner is vehemently opposed by the counsel for the respondent No. 7. It is submitted by Shri Banerjee that it is incorrect to say that the respondent No. 7 has lodged false report by causing a self inflicted injury. It is further submitted that the accused has no right to dictate the investigating officer to investigate the matter in a particular manner. Heard the learned counsel for the parties.

4. It is the case of the petitioner that the FIR in question has been lodged by way of counter to crime No. 176/2019. The Supreme Court in the case of Renu Kumari Vs. Sanjay Kumar and others reported in (2008) 12 SCC 346 has held as under:-

"9. "8. Exercise of power under Section 482 Cr.P.C. in a case of this nature is the exception and not the rule. The section does not confer any new powers on the High Court. It only saves the inherent power which the Court possessed before the enactment of Cr.P.C. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under Cr.P.C., (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. No legislative enactment dealing with procedure can provide for all cases that may possibly arise. The courts, therefore, have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law. That is the doctrine which finds expression in the section which merely recognises and preserves inherent powers of the High Courts. All courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in the course of administration of justice on the principle of "quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest" (when the law gives a person anything, it gives him that without which it cannot exist). While exercisi