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.This is an application filed under S.482 of the Code of Criminal Procedure (for short "the Code") to quash the first information report No. 72 of 1999 registered against the petitioners herein under S.420 of the Indian Penal Code on the file of Gopalapuram Police Station, Secunderabad, Andhra Pradesh.

2. It may be necessary to notice a few relevant facts before adverting to the question as to whether this Court can quash the very first information report in exercise of its jurisdiction under S.482 of the Code.

3. The second respondent herein filed a complaint under S.200 read with 190(1) of the Code in the Court of the Xth Metropolitan Magistrate at Secunderabad. In the said complaint, it is inter alia alleged that the respondent - complainant is dealing with the supply of electrical generators and also dealing in electrical contracts like installation, wiring, fixation etc. Accused No. 1 is the company and accused No. 2 is the Chairman of the company representing the company. The third accused is stated to be the Director (finance) of the company. It is alleged that the accused on 11-12-1996 gave a contract to the complainant herein worth Rs. 60 lakhs for the purpose of installation, fixation and other electrification works at Guntur. It is alleged that the complainant on different occasions, during the pendency of the work, received altogether a sum of Rs. 42,00,000/- from the accused and a balance of Rs. 18,00,000/- was due to be paid to the complainant.

4. It is inter alia alleged that the complainant held negotiations and continuously reminded the accused to pay the amount. But the accused are alleged to have instructed the complainant to come to New Delhi, where the accused gave a draft for Rs. 4,00,000/- to the complainant and forced him to sign on a bond to the effect that he received a sum of Rs. 4,00,000/- towards full and final satisfaction of the claim. The complainant was put under pressure and forced to sign the papers. The complainant immediately on 8-12-1997 lodged a complaint with Canaught Palace police station, New Delhi and immediately after coming over to Hyderabad wrote a letter to the accused to settle the matter by paying the balance of Rs. 14,00,000/- but there was no reply from the accused. The complainant got issued a legal notice to the accused on 10-1-1998, but there was no reply from the accused.

5. It is specifically alleged that the accused intentionally in order to cheat the complainant made him to come over to New Delhi and avoided the payment of Rs. 14,00,000/- which was still due to the complainant. The accused made the complainant believe even at the earlier stage itself, as if they were going to pay Rs. 60,00,000/- but having got the work done and work completed, the accused have avoided to pay Rs. 14,00,000/- only with an intention to cheat the complainant, thereby the accused had the intention to cheat the complainant and avoided to make the payment of Rs. 14,00,000/-.

6. The learned Xth Metropolitan Magistrate, Secunderabad having received the complaint, without taking cognizance of any offence, directed the investigation in exercise of power conferred by S.156(3) of the Code. The Police, Gopalapuram having received the order and complaint on 2-4-1999, registered a case in Crime No. 72 of 199