WPCRL/2056/2022 of BASANT BALLABH JOSHI ALIAS GANESH JOSHI Vs STATE OF UTTARAKHAND THROUGH S.S.P. NAINITAL
Parties
- there is sufficient ground for proceeding (PETITIONER)
- S.K. Mish r a, J (RESPONDENT)
Cites (1 resolved of 5 detected)
Statutes cited (3)
- code of criminal procedure, 482 (1973)
- constitution of india, article-226 (1950)
- constitution of india (1950)
Full text
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It is well settled principle of law that the jurisdiction to quash the FIR beat under Section 482 of the Code of Criminal Procedure or under Article 226 of the Constitution of India. The Court should quash such FIRs only when the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach just conclusion that there is sufficient ground for proceeding
against the accused. The petitioner and complainant are known to each other and there are some earlier incidents also. However, it is the duty of the investigating agency to investigate the case and only in rare and exceptional cases FIR should be quashed. In this case we should take into consideration the judgment passed by the Hon’ble Supreme Curt in the cases of R.P. Kapur vs. State of Punjab, AIR 1960 SC 866, State of Haryana vs. Bhajan Lal , 1992 Supp (1) SCC 335 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, 2021 SCC Online 315. This Court is of the view that no case is made out for quashing of the FIR. Hence, the writ petition is dismissed being devoid of merit.
( S.K. Mish r a, J.) 22 .1 1 .2 0 2 2 (Grant certified copies as per rules) (Grant certified copies as per rules) PV