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Judgment
Anoop Chitkara, J
This petition coming on for admission this day, the Court passed the following:
FIR No.
Dated
Police Station
Sections
68/2021
26.6.2021
East Shimla
317, IPC
Seeking quashing of FIR captioned above, the accused has come up before this Court under Section 482, Code of Criminal Procedure, 1973.
I have heard learned counsel for the parties and have gone through the Court files and the pleadings.
ANALYSIS AND FINDING
The allegations against the accused are that in the morning of 26th June, 2021, the police official, who was deputed in the security of Hon'ble the Chief Minister and was residing in the Chief Minister House Complex had gone for morning walk. At around 7.00 a.m. from the road below the Chief Minister residence, he heard cries of a small kid. On reaching there, he noticed that a newly born child was kept in the grass. Even the umbilical cord was attached to the child. On this, he guarded the child, informed the police officials and eventually the child was sent to Kamla Nehru Hospital. Further investigation found that the petitioner was biological mother of the child. Based on such information, the police registered the FIR captioned above.
The inherent powers of the High Court under Section 482, Cr.PC to quash an FIR are invoked only when prima facie no case is made out on the evidence collected by the prosecution. In the present case, there is evidence which cannot be considered at the stage of Section 482. Cr.PC.
This Court neither finds prima facie case for quashing nor is inclined to look into the merits of the allegations.
In the facts and circumstances peculiar to this case, the petition for seeking quashing of FIR is dismissed. The observations made by this Court shall not be considered by any Court in any proceeding whatsoever. Pending applications, if any, are also closed.