Pallav Tamuly vs The State Of Assam And Anr
2022 Latest Caselaw 3905 Gua

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GAHC010073702022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Crl.Pet./350/2022

            PALLAV TAMULY
            S/O PADMA TAMULY
            R/O FLAT NO. 503
            JEBA APARTMENT, HATIGARH CHARIALI, GUWAHATI,
            DIST. KAMRUP (M), ASSAM,
            PHONE NO. 88110-81999 (M)



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:SMTI. ANGANA BAROOAH
            W/O SRI PALLAV TAMULY
            R/O FLAT NO. 3B
             MAGNUM NIRVANA
             JOURNALIST COLONY
             JANAKPUR
             KAHILIPARA
             P.S. DISPUR
             GUWAHATI-781019
             DIST. KAMRUP (M)
            ASSAM
             PHONE NO. 98642228530 (M

Advocate for the Petitioner   : MR W R MEDHI

Advocate for the Respondent : PP, ASSAM

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BEFORE HON'BLE MR. JUSTICE KALYAN RAI SURANA

For the petitioner : Mr. A.V. Singh, Advocate For State respondent No.1 : Mr. Bhaskar Sarma, APP For respondent No.2 : Mr. B. Kaushik, Advocate Date of hearing : 19.09.2022 Date of judgment : 29.09.2022

JUDGMENT AND ORDER (CAV)

Heard Mr. A.V. Singh, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned Addl. P.P. for the State respondent no.1 and Mr. B. Kaushik, learned counsel for the respondent no.2.

2. By filing this criminal petition under section 482 Cr.P.C., the petitioner has prayed for quashing of the FIR lodged by respondent no.2, which is registered as Dispur PS Case No. 671/ 2022 under section 498A of the IPC.

3. The petitioner and the respondent no. 2 are related as husband and wife. The learned counsel for the petitioner has submitted that the petitioner is an officer of the Assam Police and is currently posted as Deputy Commissioner of Police, Central Zone, Guwahati.

4. The FIR contains long narration of events which allegedly took place on 18.03.2022. It would suffice to mention that as per the FIR, she saw the petitioner's vehicle outside a restaurant and when the informant entered there, she found the petitioner enjoying a chat with a lady and she prepared a video recording. All the three walked out of the restaurant and the respondent no. 2 allegedly sat inside the car of the petitioner, leaving the minor child and Page No.# 3/16

the maid behind. The petitioner and the respondent no. 2 then went to the house of the younger brother of the petitioner, and it is alleged that the petitioner refused to pick up their child and maid. On reaching the house of the brother, the respondent no. 2 saw her parents-in-law as well as her brother-in- law behaved badly with her and asked her to go and the petitioner and his brother left in the vehicle, leaving the petitioner stranded on road and therefore, she ran after the vehicle, but the petitioner's brother caught hold of her hand and pushed her, and as a result, she had suffered injury. The respondent no. 2 then called a police officer's wife, who came and picked her up and provided medical treatment and dropped her at her aunt's place. In the meanwhile their minor son with maid and a lady reached there at around midnight at 12.00 hours. As she was ill, the FIR was lodged after two days. The said FIR has been registered as Dispur PS Case No. 671/ 2022 under section 498A of the IPC.

5. The learned counsel for the petitioner has read over the contents of the FIR and has submitted that even if the FIR is read as a whole, no case was made out for prosecuting the petitioner under section 498A of the IPC. By referring to the statements made in the instant petition, it has been submitted that since marriage, by her omissions and actions, the respondent no. 2 has caused immense physical and mental pain, agony and other suffering to the petitioner and thus, it is not the respondent no.2, but the petitioner, who has been suffering cruelty and torture. It has been submitted that the respondent no.2 does not take care of their minor child. Moreover, it was submitted that on 18.06.2021 at about 7:30 pm., the respondent no. 2 had snatched the service pistol of the petitioner, and had attempted to kill him and their minor son. Therefore, the petitioner had informed the Officer-in-Charge of Page No.# 4/16

Bhagaduttapur Police Outpost regarding the incident, which was recorded in G.D.E. It was submitted that immediately after the incident, the petitioner had left the matrimonial home and took shelter in the home of his younger brother, but the respondent no.2 disturbed him there, as such, he had shifted to a guest house. It was submitted that on 24.03.2022, the petitioner had also lodged an FIR about the incidents which had occurred on 18.03.2022, which was registered as Dispur PS Case No. 679/2022.

6. It was submitted that even if the narration contained in the FIR was accepted to be gospel truth, then also no case for cruelty under section 498A IPC has been made out. In support of his submissions, the learned counsel for the petitioner has placed reliance on the following cases, viz., (i) Bhajan Lal v. State of Haryana, 1992 Supp (1) SCC 335 , (ii) Gananath Pattnaik v. State of Orissa, (2002) 2 SCC 619, (iii) State of A.P. v. M. Madhusudan Rao, (2008) 15 SCC 582, (iv) Shakson Belthissor v. State of Kerala & Anr., (2009) 14 SCC 466, (v) Swapnil & Ors. v. State of Madhya Pradesh, (2014) 13 SCC 567.

7. The learned counsel for the petitioner has submitted that by filing an additional affidavit, the petitioner has brought on record (i) a divorce petition filed by him which is registered and numbered as FC (Civil) Case No. 67/2022, and (ii) a guardianship petition which is registered and numbered as Misc.(G.) Case No. 6/2022. It was submitted that both the said cases which was filed on 11.01.2022 are pending for disposal before the Court of Principal Judge, Family Court -II, Kamrup (M), Guwahati.

8. Per contra, the learned Addl. P.P. has produced the case diary and has opposed the prayer of the petitioner and it has been submitted that the Page No.# 5/16

investigation is in a nascent stage. The case diary called for, was produced.

9. Per contra, the learned counsel for the respondent no.2 has submitted that the petitioner has also admitted a part of the incident that the respondent no. 2 had been pushed on 18.03.2022, and that she had fallen on the ground. It was submitted that the respondent no. 2 had suffered grievous injury and in this regard, reliance is placed on the medical prescriptions dated 24.01.2022 and 18.03.2022.

10. Having heard the learned counsel for all sides, the following materials available on record have been perused, viz., criminal petition, affidavit of service filed by the petitioner, additional affidavit filed by the petitioner and affidavit-in-opposition filed by the respondent no.2.

11. It is seen that in this case, there is no dispute that some incident had occurred on 18.03.2022. This is evident from the fact that the respondent no. 2 had stated in her FIR, that she had seen the petitioner with a lady in a restaurant and that she had accosted the petitioner, and then the petitioner took her to his brother's resident, where her parents in law were also there. As regards the alleged incidents which had taken place on 18.03.2022, the petitioner had also lodged an FIR, where he does not admit that she was with a lady in a restaurant, but he has admitted the respondent no. 2 had abused him in front of public and that the respondent no. 2 had gone to the house of his brother. In para 11 of this instant criminal petition, the petitioner has admitted that the respondent no. 2 had boarded his car and has further stated that she had tried to force her way into the house. It was then stated that when the respondent no. 2 was trying to board his vehicle at his brother's place, there Page No.# 6/16

was some pushing and shoving from the father of the petitioner and the respondent no. 2 and that the respondent no. 2 had received injury when she fell on the ground along with the petitioner's father. Thus, the fall and injury suffered by the respondent no. 2 is admitted in this criminal petition, though not narrated in the FIR filed by the petitioner on 24.03.2022.

12. In view of above, it cannot be said that even if the contents of the FIR is taken at its face value and accepted in its entirety do not, prima facie, constitute any offence whatsoever, or does not make out any case against the petitioner, or that it does not disclose commission of any cognizable offence. Thus, it cannot be said that the contents of the said FIR is so absurd and inherently improbable or that on the basis of the same no prudent person can arrive at a conclusion that there is no sufficient ground to proceed against the petitioner.

13. Assuming that the police had initially registered a case under an inappropriate section, but upon investigation, the I.O. has the liberty to move the jurisdictional Court and pray for investigating under a different penal provision, a charge-sheet may be submitted under the provisions of another section of the Indian Penal Code in an appropriate manner as permissible in law. Occasion for such an event would only arise if the investigation is allowed to proceed. However, if ultimately a charge sheet is filed, then only it can be fruitfully examined if the FIR does not disclose any case against the petitioner.

14. Now it is required to be examined as to whether for the purpose of quashing of the FIR, registered as Dispur PS Case No. 671/2022, it would be appropriate to examine and test the veracity of its contents.

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15. The petitioner is relying on past events that has occurred between the parties and has also placed reliance on his FIR filed in respect of the incident of the same date, i.e. 18.03.2022. In this regard, it is too well settled that while considering a quashing petition under section 482 Cr.P.C., the materials furnished by the defence cannot be looked into. However, there would be no bar for the trial Court to consider the same at the time of trial. However, the said proposition is not absolute. If in a given case, the defence material is of such sterling and impeccable quality, which is capable of completely negating the allegation of the FIR/complaint, a Court is not totally debarred from taking into account such defence materials in the interest of securing the ends of justice. If one needs an authority on the point, the case of Rajiv Thapar & Ors. v. Madan Lal Kapoor, (2013) 3 SCC 330 , the Supreme Court of India had observed as follows:-

"29. The issue being examined in the instant case is the jurisdiction of the High Court under Section 482 CrPC, if it chooses to quash the initiation of the prosecution against an accused, at the stage of issuing process, or at the stage of committal, or even at the stage of framing of charges. These are all stages before the commencement of the actual trial. The same parameters would naturally be available for later stages as well. The power vested in the High Court under Section 482 CrPC, at the stages referred to hereinabove, would have far reaching consequences, inasmuch as, it would negate the prosecution's/ complainant's case without allowing the prosecution/ complainant to lead evidence. Such a determination must always be rendered with caution, care and circumspection. To invoke its inherent jurisdiction under Section 482 CrPC, the High Court has to be fully satisfied, that the material produced by the accused is such, that would lead to the conclusion, that his/their defence is based on sound, reasonable, and indubitable facts; the material produced is such, as would rule out and displace the assertions contained in the charges levelled against the accused; and the material produced is such, as would clearly reject and overrule the veracity of the allegations contained in the accusations levelled by the prosecution/complainant. It should be sufficient to rule out, reject and discard the accusations levelled by the Page No.# 8/16

prosecution/ complainant, without the necessity of recording any evidence. For this the material relied upon by the defence should not have been refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such, as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 CrPC, to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice.

30. Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under section 482 CrPC:

30.1 Step one: whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality? 30.2 Step two: whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false? 30.3 Step three: whether the material relied upon by the accused, has not been refuted by the prosecution/ complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant? 30.4 Step four: whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice? 30.5 If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under section 482 CrPC. Such exercise of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not conclude in the conviction of the accused."

16. It has already been mentioned herein before that on a conjoint reading of (i) the FIR filed by the respondent no. 2, (ii) FIR filed by the petitioner, and (iii) statement made in para-11 of the instant criminal petition, it Page No.# 9/16

is for certain that the respondent no. 2 had fallen down and according to the FIR of the respondent no. 2, she had received injuries. Thus, it cannot be said that the FIR filed by the respondent no. 2 was false or contained an absurd story. In the absence of any investigation by the police in connection with both the FIRs, there would be no material before this Court to conclude that the FIR filed by the respondent no. 2 was false. Thus veracity of defence materials cannot be examined in this case in hand.

17. Therefore, at the stage of explanation of charges as envisaged under section 239 Cr.P.C., the trial Court can conveniently examine if any legal evidence exists or not. There may be two circumstances, one where "there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made", and secondly "a case where there is legal evidence which, on appreciation, may or may not support the accusations". It may also happen that at the stage of explanation of charges, the trial Court may not find any material to proceed with the trial. However, to arrive at such conclusion, the learned trial Court would have to examine the legal evidence available in the case diary and then to satisfy itself as to whether such evidence supports the accusations against the petitioner.

18. The High Court in exercise of inherent power to quash the FIR and consequential proceeding, has to exercise the said power with circumspection. In this regard, the Court is reminded of the case of R.P. Kapur v. State of Punjab, AIR 1960 SC 866 , where the Supreme Court of India had summarised some categories of cases where inherent power can and should be exercised to quash the proceedings, they are as under:

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"(i) Where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction;

(ii) where the allegations in the first information report or complaint taken at their face value and accepted in their entirety do not constitute the offence alleged;

(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge."

19. We may also refer to the decision of the Supreme Court of India in the case of State of Orissa v. Saroj Kumar Sahoo, (2005) 13 SCC 540 . Paragraphs 10-12 thereof is quoted below:-

"10. In dealing with the last category, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 CrPC, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial Judge. Judicial process should not be an instrument of oppression, or, needless harassment. The court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the hands of a private complainant to unleash vendetta to harass any person needlessly. At the same time the section is not an instrument handed over to an accused to short-circuit a prosecution and bring about its sudden death. The scope of exercise of power under Section 482 CrPC and the categories of cases where the High Court may exercise its power under it relating to cognizable offences to prevent abuse of process of any court or otherwise to secure the ends of justice were set out in some detail by this Court in State of Haryana v. Bhajan Lal, (1992) Supp (1) SCC 335. A note of caution was, however, added that the power should be exercised sparingly and that too in the rarest of rare cases. The illustrative categories indicated by this Court are as follows:

"102. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

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(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where 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 a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

11. As noted above, the powers possessed by the High Court under Section 482 CrPC are very wide and the very plenitude of the power requires great caution in its exercise. The court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage. [See Janata Dal v. H.S. Chowdhary, (1992) 4 SCC 305 and Raghubir Saran (Dr.) v. State of Bihar, AIR 1964 SC 1.] It would not Page No.# 12/16

be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. When an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in the court which decides the fate of the accused person. The allegations of mala fides against the informant are of no consequence and cannot by themselves be the basis for quashing the proceedings. [See Dhanalakshmi v. R. Prasanna Kumar, (1990) Supp SCC 686, State of Bihar v. P.P. Sharma, (1992) Supp (1) SCC 222, Rupan Deol Bajaj v. Kanwar Pal Singh Gill, (1995) 6 SCC 194, State of Kerala v. O.C. Kuttan, (1999) 2 SCC 651, State of U.P v. O.P Sharma, (1996) 7 SCC 705, Rashmi Kumar v. Mahesh Kumar Bhada, (1997) 2 SCC 397, Satvinder Kaur v. State (Govt. of NCT of Delhi), (1999) 8 SCC 728 and Rajesh Bajaj v. State NCT of Delhi, (1999) 3 SCC 259.]

12. The above position was again reiterated in State of Karnataka v. M. Devendrappa, (2002) 3 SCC 89 and State of M.P. v. Awadh Kishore Gupta, (2004) 1 SCC 691."

20. Thus, from the ratio of the case of Saroj Kumar Sahoo (supra), it is seen that although the Supreme Court has observed that "no hard-and-fast rule can be laid down in regard to the case in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage", but the thumb rule is to the effect that it is not permissible to quash an FIR at its nascent stage when there has been no progress in the investigation and venture to give a finding of the acceptability or otherwise of the contents of the FIR.

21. Moreover, in the case of Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & Ors., AIR 2021 SC 1918: 2021 SCC OnLine SC 315 , the Supreme Court of India has observed as follows in para 65, 80, 80 (i) to 80 (vii) and 80(xv) to 80 (xvii):-

"65. The aforesaid is required to be considered from another angle also.

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Granting of such blanket order would not only adversely affect the investigation but would have far reaching implications for maintaining the Rule of Law. Where the investigation is stayed for a long time, even if the stay is ultimately vacated, the subsequent investigation may not be very fruitful for the simple reason that the evidence may no longer be available. Therefore, in case, the accused named in the FIR/complaint apprehends his arrest, he has a remedy to apply for anticipatory bail under Section 438 Cr.P.C. and on the conditions of grant of anticipatory bail under Section 438 Cr.P.C. being satisfied, he may be released on anticipatory bail by the competent court. Therefore, it cannot be said that the accused is remediless. It cannot be disputed that the anticipatory bail under Section 438 Cr.P.C. can be granted on the conditions prescribed under Section 438 Cr.P.C. are satisfied. At the same time, it is to be noted that arrest is not a must whenever an FIR of a cognizable offence is lodged. Still in case a person is apprehending his arrest in connection with an FIR disclosing cognizable offence, as observed hereinabove, he has a remedy to apply for anticipatory bail under Section 438 Cr.P.C. As observed by this Court in the case of Hema Mishra v. State of Uttar Pradesh, (2014) 4 SCC 453, though the High Courts have very wide powers under Article 226, the powers under Article 226 of the Constitution of India are to be exercised to prevent miscarriage of justice and to prevent abuse of process of law by the authorities indiscriminately making pre-arrest of the accused persons. It is further observed that in entertaining such a petition under Article 226, the High Court is supposed to balance the two interests. On the one hand, the Court is to ensure that such a power under Article 226 is not to be exercised liberally so as to convert it into Section 438 Cr.P.C. proceedings. It is further observed that on the other hand whenever the High Court finds that in a given case if the protection against pre-arrest is not given, it would amount to gross miscarriage of justice and no case, at all, is made for arrest pending trial, the High Court would be free to grant the relief in the nature of anticipatory bail in exercise of its powers under Article 226 of the Constitution of India, keeping in mind that this power has to be exercised sparingly in those cases where it is absolutely warranted and justified. However, such a blanket interim order of not to arrest or "no coercive steps" cannot be passed mechanically and in a routine manner.

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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 Cr.P.C. and/or under Article 226 of the Constitution of India and in what circumstances and Page No.# 14/16

whether the High Court would be justified in passing the order of not to arrest the accused or "no coercive steps to be adopted" during the investigation or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of/not entertaining/ not quashing the criminal proceedings/complaint/FIR in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India, our final conclusions are as under:

i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into a cognizable offence;

ii) Courts would not thwart any investigation into the cognizable offences;

iii) It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on;

iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the 'rarest of rare cases (not to be confused with the formation in the context of death penalty).

v) While examining an FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;

vi) Criminal proceedings ought not to be scuttled at the initial stage;

vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;

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xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the FIR;

xvi) The aforesaid parameters would be applicable and/or the aforesaid aspects are required to be considered by the High Court while passing an interim order in a quashing petition in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India. However, an interim order of stay of investigation during the pendency of the quashing petition can be passed with circumspection. Such an interim order should not require to be passed routinely, casually and/or mechanically ... xvii) Even in a case where the High Court is prima facie of the opinion that an exceptional case is made out for grant of interim stay of further investigation, after considering the broad parameters while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India Page No.# 15/16

referred to hereinabove, the High Court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate the application of mind by the Court and the higher forum can consider what was weighed with the High Court while passing such an interim order."

22. The learned counsel for the petitioner had placed reliance on the case of (i) Bhajan Lal (supra), (ii) Gananath Pattnaik, (iii) M. Madhusudan Rao (supra), (iv) Shakson Belthissor (supra), (v) Swapnil & Ors. (supra). The ratio of the said cases do not authorize the Court to examine the veracity of the contents of an FIR and give a determination as to whether the accused can be convicted on the basis of the said FIR. Therefore, in light of the decision rendered by the Supreme Court of India in the case of (a) R.P. Kapur (supra), and (ii) Neeharika Infrastructure Pvt. Ltd. (supra) , no case has been made out by the petitioner for quashing of the impugned FIR.

23. Thus, in light of the discussions above, the Court is not inclined to exercise its inherent power under section 482 Cr.P.C. to examine the contents of the FIR dated 22.03.2022, registered as Dispur P.S. Case No. 671/2022 and to give an opinion which touches upon the factual matrix, at the stage when investigation is at the nascent case and is not concluded.

24. Therefore, this is not a fit case to invoke inherent jurisdiction under section 482 CrPC. This criminal petition is accordingly, dismissed.

25. The petitioner may be well advised as to whether or not it would be in his interest to put forth their submission before the learned trial Court at the stage of section 239 Cr.P.C.

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26. The learned Addl. P.P. shall transmit a copy of this order to the I.O. so as to make this order a part of the record. Let the case diary be returned.

27. Before parting with the records, it is clarified that the observations made herein is only for the purpose of deciding this criminal petition and therefore, none of the observations made herein shall prejudice the parties during trial or any other stage.

JUDGE

Comparing Assistant