9911796707
TMI Blog2023 (1) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of M/s Neeharika Infrastructure Pvt. Ltd. [ 2021 (4) TMI 1244 - SUPREME COURT ]. Even otherwise, it is a settled position of law that while exercising powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the averments/allegations in the FIR prima facie discloses the commission of the cognizable offence or not. As per the settled position of law, it is the right conferred upon the Investigating Agency to conduct the investigation and reasonable time should be given to the Investigating Agency to conduct the investigation unless it is found that the allegations in the FIR do n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings in exercise of the powers under Section 482, CrPC is just contrary to the decision of this Court in the case of State of Uttar Pradesh Another v. Akhil Sharda Other; reported in 2022 SCC Online SC 820 as well as the reported decision of this Court in the case of M/s Neeharika Infrastructure Pvt. Ltd v. State of Maharashtra Others; reported in (2020) 10 SCC 180. It is submitted by learned counsel that in the present case, the High Court, while quashing the criminal proceedings, has exceeded in its jurisdiction while exercising the powers under Section 482, CrPC. It is further submitted that by the impugned judgment and order, the High Court has exercised the powers as if the High Court was conducting the trial which as such is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of M/s Neeharika Infrastructure Pvt. Ltd. (supra). In para 57, it is observed and held as under:- From the aforesaid decisions of this Court, right from the decision of the Privy Council in the case of Khawaja Nazir Ahmad (supra), the following principles of law emerge: i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into cognizable offences; ii) Courts would not thwart any investigation into the cognizable offences; iii) However, in cases where no cognizable offence or offence of any kind is disclosed in the first information report the Court will not permit an investigation to go on; iv) The power of quashing shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. During or after investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the kno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s Neeharika Infrastructure Pvt. Ltd (supra) and the other decisions on the points, is unsustainable. It is also required to be noticed that in the present case without giving any reasonable time to the Investigating Agency to investigate the allegations in the FIR, the High Court has, in haste, quashed the criminal proceedings. The FIR came to be lodged on 09.12.2021, immediately, on the very next date, the quashing petition was filed and within a period of four days i.e. 14.12.2021, the impugned judgment and order has been passed and the criminal proceedings are quashed. As per the settled position of law, it is the right conferred upon the Investigating Agency to conduct the investigation and reasonable time should be given to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
