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TMI Blog2001 (11) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... MENT S.N. Phukan, J. 1. Leave granted. 2. In this appeal by special leave the appellants have assailed the judgment dated December 09, 1999 of the High Court of Judicature at Patna passed in CRWJC No. 243 of 1996. By the impugned judgment, the High Court quashed the investigation of a case, which was registered under Section 419 467 420 and Section 120B of the Indian Penal Code. The first infor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnual income of the ex-intermediary. On these allegations, the FIR was lodged in the police station. The High Court quashed the investigation inter alia holding that there was no specific allegation and overt act alleged against the writ petitioners except that in collusion with the officials of the department the excess amount was withdrawn. According to the High Court no excess amount was paid i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials. If any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be said that no prima facie case was made out against the accused persons including the writ petitioners and that it did not disclose a cognizable offence. 7. In Bhajan Lal's case (supra) this Court has also held that the power of quashing a criminal proceeding should be exercised sparingly and with the circumspection and that too in the rarest of the rare cases. The present case is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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