The High Court will not exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash an FIR when a prima facie case is established and a charge-sheet has been filed, as the veracity of allegations must be determined during the trial.

Order

1. By way of filing the instant petition a challenged has been made to the impugned FIR No. 07/2020, registered with Police Station Kotwali (Dausa), District Dausa for the offences punishable under Sections 420, 467, 468, 471 & 120B IPC.

2. As per the averments made and grounds taken in the instant petition, the petitioner has not committed any offence whatsoever. She was appointed to the post of Constable in the year 1991 on the basis of her educational documents and thereafter, she acquired qualification of graduation and post-graduation. She has not forged any documents and inspite of the above, the instant impugned FIR with false averments has been registered against the petitioner and she has been removed from service on 13.03.2019. It has been averred that an inquiry was conducted against the petitioner whereby the documents were found to be genuine, hence, the impugned FIR is not sustainable in the eyes of law and is liable to be quashed and set aside.

3. Per contra, learned Public Prosecutor opposed the prayer and submitted that after thorough investigation in the instant matter the Investigating Officer has found prima facie case proved against the petitioner for the above stated offences and accordingly, charge-sheet has already been submitted against her on 13.12.2022 before the Court of the Chief Judicial Magistrate, Dausa and the trial is proceeding against the petitioner. Hence, interference of this Court is not warranted and the instant petition is liable to be rejected.

4. Heard and considered the submissions made at the Bar and perused the material available on record.

5. Bare perusal of the impugned FIR and the allegations levelled therein reveals commission of cognizable offence and the correctness of the same cannot be examined/adjudicated by this Court while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer who has already investigated the matter and found prima facie involvement of the petitioner and submitted charge-sheet against her before the Court of the Chief Judicial Magistrate, Dausa way back in the year 2022 and the trial is proceeding against the petitioner.

6. Hence, under these circumstances, this Court is not inclined to accept the instant petition, and the same is rejected. However, the petitioner would be at liberty to take up all the grounds and defences which have been taken before this Court at the appropriate stage of trial before the Trial Court.

7. With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

8. The factual report dated 13.08.2025 furnished by SHO, Police Station Kotwali(Dausa), District Dausa is ordered to be retained on record.