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Judgment
This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.9/2020 registered at Police Station Raini District Alwar for offences
under Sections 279, 337 and 304A 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 obtain motor accident claims, which deserves to be quashed. However, the petitioner is ready to join the investigation to put forth his
contentions before the Investigating Officer again as he has already submitted affidavits and other documents before the Investigating Officer for fair
investigation.
Learned Public Prosecutor submits that appropriate directions may be issued.
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.
Learned Public Prosecutor is directed to call for the status report of the investigation.
List the matter on 28-1-2021.