Code of Criminal Procedure, 1973 – s.482 – Petition u/s.482, CrPC filed by respondent nos. 2 to 17 – High Court allowing the same, quashed the FIR insofar it related to the offences punishable u/ss.392, 395 and 397, IPC while upheld it insofar it related inter alia to the offences punishable u/ss. 143, 147, 148 and 323, IPC – Held: High Court erred in entertaining the petition filed by the respondents and further erred in allowing it in part – No proper investigation could be made by the Investigating Officer (IO) much less concluded on the basis of the FIR lodged by the complainant and before it could be brought to its logical conclusion, the impugned order intervened resulting in quashing of the FIR itself in relation to cognizable offences which were of more serious in nature than the remaining ones which survived for being tried – Impugned order set aside – IO to make proper investigation into the allegations made in the original FIR lodged and after conclusion of the investigation to file additional charge sheet in relation to any other offences, if found made out.
Allowing the appeal, the Court
HELD: 1.1 The High Court erred in entertaining the petition filed by respondent Nos. 2 to 17 under Section 482 of the Code of Criminal Procedure, 1973 and further erred in allowing it in part. No proper investigation could be made by the Investigating Officer (IO) much less concluded on the basis of the FIR lodged by the complainant and before it could be brought to its logical conclusion, the impugned order intervened resulting in quashing of the FIR itself in relation to cognizable offences which were of more serious in nature than the remaining one which survived for being tried. [Paras 9, 10][221-A, B]
1.2 The High Court instead of quashing the FIR at such a preliminary stage should have directed the IO to make proper investigation on the basis of the FIR and then file proper charge sheet on the basis of the material collected in the investigation accordingly. It was, however, not done. It was more so because the FIR did disclose prima facie allegations of commission of concerned offences. The approach of the High Court, therefore cannot be countenanced when it proceeded to quash the FIR partly in relation to more serious offences (Sections 392, 395 and 397 IPC) without allowing the IO to make proper investigation into its allegations. [Paras 11, 12][221-C, D]
1.3 The impugned order is set aside. It is, however, informed that pursuant to the directions issued by the High Court, the charge sheet has been filed in relation to the minor offences, which survived after quashing of the FIR. Be that as it may, the IO shall now make full and proper investigation into the allegations made in the original FIR lodged and after conclusion of the investigation will file additional charge sheet in relation to any other offences, if found made out. [Paras 13, 14][221-E, F]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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