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GURPAL SINGH AHLUWALIA
DIPENDRA SHAH, S/o. SHRI LAKHPATI SHAH – Appellant
Versus
STATE OF MADHYA PRADESH THROUGH STATION IN CHARGE POLICE STATION LANGHADOL DISTRICT SINGRAULI (MADHYA PRADESH) – Respondent
ORDER :
(Gurpal Singh Ahluwalia, J.)
This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :-
(ii) The Hon'ble Court may kindly be pleased to issue the Writ, particularly in the nature of mandamus, directing Respondent No.3 to stay the proceedings initiated against the Petitioner under Section 5 (a) & (b) of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 and issued Show Cause Notice dated 31.07.2021.
(iii) The Hon'ble Court may kindly be pleased to call for the entire records for kind perusal of this Hon'ble Court.
(iv) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of this Petition.”
2. It is submitted by counsel for petitioner that an FIR has been lodged by the complainant on the ground that he is working as Shift Supervisor in Adani Enterprises. On 4.1.2022 the construction of weighing machine was going on. At that time, the local re
The court held that an FIR must disclose a cognizable offence for investigation to proceed, and allegations of malafide do not negate the existence of such an offence.
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.
Courts may quash FIRs under Section 482 Cr.P.C. if the allegations do not satisfy the essential ingredients of the alleged offences; jurisdiction must be exercised sparingly.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
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.
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