Shri Dinesh Kumar Saraf (I) vs The State of Assam

Manisana, J.—In this application u/s 482, Code of Criminal Procedure the Petitioner has prayed for quashing the proceedings in Bongaigaon GR Police Station Case No. 12 of 1988 u/s 407, IPC pending in the Court of the Judicial Magistrate of the first class Bongaigaon.

On an FIR lodged on 20.10.1987 with the OC, GR Police Station Bongaigaon by the Officer Commanding Sri Mohendra Singh Negi against the firm of the Petitioner Shri Dinesh Kumar Saraf, a case was registered being Case No. 97/87 u/s 407, IPC. The Case was transferred to Bongaigaon GR Police Station and was renumbered as case No. 12/88

Shri O.P. Bhati, the learned Counsel for the Petitioner has contended that the allegation made in the FIR discloses a civil wrong and not a criminal offence, and therefore the proceedings are liable to be quashed.

It appears that Police investigation has already started. But it is not disclosed in the petition at what state the investigation is if a prosecution at the initial stage is asked to be quashed the test whether the uncontroversial allegation made in the FIR prima facie disclose an offence would be applied. But, the investigation has already been started since October, 1987 and the Petitioner has filed this petition after about 2� years of registration of the case. Therefore it would involve an examination of the evidence and materials so far collected by the Police. In such a case, I am of the view that the inherent power of the High Court u/s 482, Code of Criminal Procedure cannot invoked. The petition is therefore rejected.