AI Structured Summary
Not yet generated for this judgment
Judgment
This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.115/2020 registered at Police Station Jawar District Jhalawar for
offences under Sections 420, 406, 504 and 506 IPC.
Heard learned counsel for both the sides and perused the material made available on record.
Learned counsel for the petitioner submits that the impugned FIR has been lodged against the petitioner with totally false and fabricated allegations
only to settle the score of civil disputes, which deserves to be quashed. Therefore, further investigation in the matter should be stayed and the
petitioner should be granted interim protection from any sort of coercive action.
Learned Public Prosecutor submits that investigation should not be stayed and the petitioner should be directed to join the investigation.
Alleged grounds for quashing of the impugned FIR as per the legal position as expounded by the Honourable Supreme Court of India inS tate of
Haryana Vs. Bhajan Lal: [1992 (supp)1 SCC 335 ]can be disclosed after due investigation. Further, as per P. Chidambaram Vs. Direcotrate of
Enforcement: [(2019) 9 SCC 24] the investigation is in the domain of the Investigating Agency and the courts are not supposed to interfere in the
investigation. At the same time the accused is entitled to avail due legal remedies available to him for protection of his/ her personal liberty.
Therefore, it is not appropriate to stay the investigation in the matter, however, having regard to the above submissions but without expressing any
opinion on merits, it is directed that the investigation shall continue. The petitioner shall join the investigation and shall appear before the Investigating
Officer on 12-1-2021 and as and when he is called upon to do so, but he shall not be arrested without prior notice of seven days.
Learned Public Prosecutor is directed to call for the status report of the investigation.
List the matter on 4-2-2021.