LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/rafiq-ahmedbhai-paliwala-vs-the-state-of-gujarat-ors-20190315/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Rafiq Ahmedbhai Paliwala vs The State of Gujarat & Ors.

Court
Supreme Court of India
Date
15 March 2019
Case No.
Criminal Appeal No. 506 of 2019
Result
Allowed
Bench
Abhay Manohar Sapre, Dinesh Maheshwari
Citation
[2019] 4 S.C.R. 218 : 2019 INSC 384
Supreme Court Reports [2019] 4 S.C.R. 218 : 2019 INSC 384
Headnote

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]

Read the full headnote (1 more paragraph)

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.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 11.12.2017 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc. Application(for quashing & Set aside FIR) No.29936 of 2017 whereby the High Court allowed the said application filed by respondent Nos.2-17 herein. 3. This appeal involves a short point as would be clear from the facts stated infra. 4. By impugned order, the High Court, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, 1973
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →