SUPREME COURT OF INDIA
KULANDAISAMY & ANR. – Appellant
Versus
STATE REPRESENTED BY ITS INSPECTOR OF POLICE & ANR. – Respondent
ORDER
Leave granted.
Heard the learned counsel appearing for the parties. The counter affidavit filed by the respondent-State shows that the investigation is still at the preliminary stage.
The appellants filed a petition for quashing First Information Report. In paragraph 6 of the impugned judgment, the High Court observed that there appears to be some material for the investigation to proceed, but at the same time, it was observed that the issue involved in the present case was of a civil nature. Perhaps, the High Court was of the view that the investigation cannot be interfered with at "an infancy stage". There is no absolute rule that even if the investigation is at a preliminary stage, the Court exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the CRPC") cannot interfere.
Paragraph 7 of the impugned order reads thus:
"Accordingly, this Criminal Original Petition stands dismissed. However, liberty is granted to the petitioners to produce all the requisite documents to disprove the contents of the FIR before the Law Enforcing Agency and the Law Enforcing Agency shall refer the matter as mistake of fact subject to the cognizability of t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.