Ramshankar Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 4693 MP

Madhya Pradesh High Court

Ramshankar Sharma vs The State Of Madhya Pradesh on 17 February, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 17 th OF FEBRUARY, 2024
                                          MISC. CRIMINAL CASE No. 49568 of 2020

                           BETWEEN:-
                           RAMSHANKAR SHARMA S/O LATE.SHRI LAXMI
                           NARAYAN SHARMA, AGED ABOUT 50 YEARS,
                           OCCUPATION: BUSINESS HOUSE N. 305 R.BLOCK
                           STABDEPURM UNIPECH ROAD GIRRD GWALIOR M.P.
                           (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (NONE)

                           AND
                           THE STATE OF MADHYA PRADESH INCHARGE POLICE
                           STATION PS BHITARWAR GWALIOR (MADHYA
                           PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI APS TOMAR - PUBLIC PROSECUTOR FOR STATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

The present petition, under Section 482 of the Code of Criminal Procedure, has been preferred by petitioners for quashment of F.I.R. bearing Crime No.228 of 2020 registered at Police Station Bhitarwar, District Gwalior (M.P.) for the offences punishable under Sections 379, 414 of IPC and Section 4(A), 21(1) of Khan Evam Khanij (Vikas Ka Viniyaman) Adhiniyam, 1957 with all consequential criminal proceedings thereto.

2. At the outset, learned Public Prosecutor has opposed the prayer for quashing of the First Information Report and it was submitted that from the

perusal of First Information Report, commission of a cognizable offence is clearly made out, therefore, the writ petition be dismissed.

3. Looking to the ingredients of FIR as well as the judgments of the Hon'ble Supreme Court in the matters of State of Haryana v. Bhajan Lal reported in 1992 Supp (1) SCC 335 and Neeharika Infrastructure v. State of Maharashtra reported in (2021) 19 SCC 401, it is evident that the Court should not interfere at the initial stage as it is a matter of evidence and the criminal proceedings should not be scuttled in mid-way and the Court cannot embark upon an enquiry as to reliability or genuineness of the allegations made by in impugned FIR. The police has statutory right and duty under relevant

provisions of CrPC to first investigate into cognizable offence as to whether any offence is made out against accused like petitioner or not.

4. In view of the above, this Court doesn't find any justifiable reason to quash the impugned F.I.R. warranting interference under Section 482 CrPC, as it has to be exercised for the ends of the justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial and if any abuse of the process leading to injustice is brought to the notice of the court, then the Court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the Statute.

5. Accordingly, the instant petition under Section 482 of CrPC sans merit and is hereby dismissed.

(MILIND RAMESH PHADKE) JUDGE pwn*