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TMI Blog2023 (7) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... f the country. The petitioners have created false e-way bills, bilty and bills of the coals and involved in the offence of forgery and also committed cheating with the government and thus, they have hatched conspiracy and committed offence punishable u/s. 406, 420, 465, 467, 468, 471 and 120B of IPC and there is no offence registered under the provisions of GST Act. It is not a matter of dispute that the investigation is still going on and it is at present at a crucial stage. Since, the investigation is going on, it would be too premature for this Court to opine on any of the submissions made with regard to lopsided investigation. The Investigation Officer has also not submitted his final report, therefore, any of his comment on the same would be in the opinion of this Court is at a premature stage. In a recent decision of the Hon ble Supreme Court in case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Ors., [ 2021 (4) TMI 1244 - SUPREME COURT] , is required to be referred to, where it was held that The High Court shall not and as such is not justified in passing the order of not to arrest and/or no coercive steps either during the investigation or till ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 482 of Cr.P.C., are to be exercised by the Court sparingly and in an appropriate case at an appropriate time. Presently, the investigation in this case is going on and it is at a crucial stage, and therefore, the complaint may not be quashed. 4. Having heard learned advocate for the petitioners and learned APP for the respondent State, this Court notices that this request is made for exercise of inherent powers under section 482 of the Cr.P.C., which are very wide amplitude. These inherent powers can be exercised either to sure the ends of justice or to prevent the abuse of process of law. However, it would be dependent on the facts and circumstances of each case and no category is prescribed by the Court for the same. What is required to be considered is the nature and gravity of the offence. Heinous and serious offences, such offence of rape or dacoity or murder or the offence leading to serious injuries etc. may not be considered for the purpose of exercise of inherent powers. 5. Ordinarily, it is expected that the category of commercial offences or disputes of mercantile and of civil nature or matrimonial disputes or disputes of partnership firms etc., the Court may consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age. Since, the investigation is going on, it would be too premature for this Court to opine on any of the submissions made with regard to lopsided investigation. The Investigation Officer has also not submitted his final report, therefore, any of his comment on the same would be in the opinion of this Court is at a premature stage. 7. At this stage, in a recent decision of the Hon ble Supreme Court in case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Ors., reported in 2021 (19) SCC 401, is required to be referred to. After taking into consideration the earlier decision on exercising the powers under Section 482 of the Code of Criminal Procedure including the decision of State of Haryana V. Bhanaj Lal, reported in 1992 Supp (1) SCC 335 and others. The Hon ble Supreme Court has observed in Para No.80, which reads as under: 80. In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or no coercive steps to be adopted , during the pendency of the quashing petition under section 482 of Cr.P.C and/ or under of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 known procedure; xiii) The power under section 482 of Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the court; xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the selfrestraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint; xv) When a prayer for quashing the FIR is made by the alleged accused and the court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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