Sr. No. 121+305

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MANDEEP PANNU, J. (Oral)

1. This is a petition filed under Section 528 of the BNSS, 2023 for seeking quashing of FIR No. 11 dated 18.01.2024, registered under Sections 384 and 120-B of the IPC at Police Station Dasuya, District Hoshiarpur, Punjab, along with all consequential proceedings arising therefrom, including challan dated 10.10.2024.

2. The contention raised on behalf of the petitioners is that the present FIR is liable to be quashed primarily on the ground that there is a lack of sanction from the competent authority as required under Section 197 Cr.P.C. It is submitted that the petitioners are working as Head Constables in the Delhi Police and are posted in the P.O. Staff of Police Station Parliament Street, and the allegations, if any, pertain to acts done in discharge of their official duties. It is further contended that since the FIR has been registered under Sections 384 and 120-B IPC, prior sanction from the competent authority was mandatory before initiation of criminal proceedings. In the absence of such sanction, the registration of the FIR and all subsequent proceedings are stated to be illegal and liable to be quashed.

3. On the other hand, the learned State counsel has placed on record its status report and has submitted that the trial in the present case has already commenced and is at the fag end. It is submitted that the matter is presently fixed for defence evidence and final arguments. It is further argued that at such a belated stage, the petitioners cannot be permitted to raise the plea regarding absence of sanction under Section 197 Cr.P.C. for seeking quashing of the FIR, particularly when the proceedings have substantially progressed and the matter is near culmination.

4. After hearing learned counsel for the parties and perusing the record, this Court finds no merit in the present petition. It is not in dispute that the trial in the present case has already commenced and has reached an advanced stage, with the matter now fixed for defence evidence and arguments. At this juncture, when the case is at the fag end, the present petition seeking quashing of the FIR has been filed, which, in the considered view of this Court, is clearly belated. The plea regarding requirement of sanction under Section 197 Cr.P.C. involves mixed questions of law and fact and is ordinarily to be considered by the trial Court on the basis of evidence brought on record. The petitioners, if so advised, are at liberty to raise all such pleas before the trial Court at the appropriate stage, including at the time of leading defence evidence and at the stage of final arguments, if permissible under law. Interference by this Court in exercise of its inherent jurisdiction at such an advanced stage of trial would not only be unwarranted but would also amount to derailing the proceedings which are already nearing conclusion. The inherent powers are to be exercised sparingly and cannot be invoked to short-circuit a trial which is at its fag end.

5. In view of the above, this Court is of the opinion that no ground is made out for quashing of the FIR at this stage. Accordingly, the present petition is dismissed, with liberty as aforesaid.

6. However, nothing observed herein shall be construed as an expression on the merits of the case.

7. All pending applications, if any, also stand disposed of.