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VIVEK AGARWAL
R. K. Lalwani – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This writ petition is filed seeking quashing of FIR dated 17/12/2021 (Annexure-P/1) on the ground that it is ex facie, arbitrary and illegal. The act of respondent No.4 along with respondents No.1, 2, 3 and 5 suffers from vice of arbitrariness, mala fide, highhandedness and capricious exercise of power.
2. It is also mentioned that at no point of time, departmental enquiry has been initiated against the petitioner but there is delay in lodging of FIR.
3. A perusal of the FIR reveals that some property as is mentioned in the agreement contained in different survey numbers at Tahsil Ashta, Disttt. Sehore were registered in the year 2008 by the petitioner as power of attorney holder suppressing a fact that said land was, in fact, Government land, received by the allottees on lease (Patta) which was non-transferable.
4. Taking these facts into consideration so also the law laid down by Hon'ble Supreme Court in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others,221 SCC OnLine 315 in para-80 has held as under :
"i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the
The central legal point established in the judgment is that the power to quash an FIR should be exercised sparingly and with caution, in accordance with the parameters laid down in the relevant legal....
The investigating agency cannot be restrained from investigating the FIR if it prima facie discloses the commission of a cognizable offence.
The court established that judicial interference in police investigations is limited and should only occur in exceptional cases to prevent miscarriage of justice.
(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
while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India referred to hereinabove, the High Court has to give brief reasons why such an interim order....
The court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
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