The single judge bench of Justice Vivek Bharti Sharma of the Uttarakhand High Court in the case of Ved Prakash Yadav Vs State of Uttarakhand and others held that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly.
Brief Facts:
The factual matrix of the case is that the present writ petition was filed in order to quash the F.I.R. registered under Sections 325, 506 of IPC.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the Petitioner contended that the Petitioner was falsely implicated in the present case and the accused was at his home at the time of the incident which was clearly seen from the CCTV footage.
Contentions of the State:
The learned counsel appearing on behalf of the state contended that the Any CCTV footage or electronic evidence cannot be relied upon unless and until it is accompanied by a certificate under Section 65B of the Indian Evidence Act. This is because date and timings are always manually entered into the CCTV footage, and it is quite simple to manipulate the CCTV recording.
Observations of the court:
The Hon’ble Court observed that it is very settled that Courts should not typically intervene in the investigations of cognizable offenses, and the authority to quash a complaint, FIR, or charge sheet should only be used in extraordinary circumstances.
It was noted that the contentions raised by the Petitioner are his defense and in the writ petition, it is not possible to entertain as this would be tantamount to substituting the court of magistrates.
Based on these considerations, the Hon’ble court doesn’t find any merit in the present writ petition.
The decision of the court:
With the above direction, the court dismissed the writ petition in limine.
Case Name: Ved Prakash Yadav Vs State of Uttarakhand and others
Coram: Hon’ble Mr. Justice Vivek Bharti Sharma
Case No.: Writ Petition (Criminal) No.1374 of 2023
Advocate for the Appellant: Mr. Jasmeet Singh, Advocate
Advocate for the State: Mr. M.A. Khan, A.G.A
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