November 28, 2018
Case name: Pitamber Singh and Ors. vs State and Ors.
In the present petition, the Petitioners approached the High Court for quashing the FIR registered against them. The Petitioners feeling aggrieved of the action of the official respondents have challenged the FIR on various grounds.
The High Court of Jammu & Kashmir noted that from the bare perusal of the contents of FIR, it is evident that case for cognizable offences has been made out, which requires in depth investigation.
The Court further observed that the argument advanced by the Petitioners that FIR has been lodged to brow beat the petitioners into submissions and make them run for their lives was not tenable.
Quashing of FIR- The High Court further opined that the law with regard to quashing of FIR is now well settled. FIR can only be quashed in order to prevent abuse of process of law or to otherwise secure the ends of justice. The expression ends of justice and to prevent abuse of process of any court are intended to work out either when an innocent person is unjustifiably subjected to an undeserving prosecution or if an ex-facie all merited investigation is throttled at the threshold without collecting the material in support of it.
Inherent Power of Court to Quash Proceedings u/Section 561A of CrPC- The Court noted that the High Court while exercising the power under Section 561A of CrPC does not function as court of trial, appeal or revision. Inherent jurisdiction has to be exercised sparingly, carefully and with great caution. These powers cannot be used to stifle the legitimate investigation. This is discretionary power vested in High Court to do substantial justice. High Court cannot examine the evidence as to whether charge for alleged offence is made put or not. This is the prerogative of trial court where challan is produced. When accused has opportunity to advance submission before trial court that material on record does not call for framing of charge then High court shall not exercise power under Section 561A of CrPC.
In view of the aforesaid, the High Court dismissed the Petition.
The entire case can be accessed here.