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2023 (4) TMI 1255
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....it, Advocate, Miss. Sushmita Mishra, Advocate. ORAL ORDER Heard learned counsels for the parties at length. This application has been filed for quashing the F.I.R of Kudhani (Turki O.P) P.S. Case No. 587 of 2022 dated 18.11.2022 registered under Sections 384/386, 406, 420, 436, 511, 506 and 34 of the Indian Penal Code passed by learned Court of A.C.J.M., 1st, (West) Muzaffarpur. The prosecution story in short is given hereinbelow:- It has been alleged by one of the employees of M/S Rawat Associates JV namely Dhani Singh that the construction work of Hajipur-Muzaffarpur stretch of NH-77 in Bihar was assigned to one Gammon India and its subsidiary company PHPL which they left in the lurch, after that the matter traveled up to NCLT and....
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....also the allegation against the accused persons that they tried to set the camps and machinery at fire. Learned senior counsel for the petitioners has argued at length with the aid of the documents annexed with the petition as well as supplementary counter affidavit and has taken this Court to the materials available on record in support of their prayer of quashing of the F.I.R. Learned senior counsel, Sri S.D. Sanjay and Sri Saijpal appearing for the respondent no.6 have opposed the prayer of quashing of the petitioners and have relied upon the case of Neeharika Infrastructure vs State of Maharashtra 2021 Scc onlineSc 315 in support of their argument, that this F.I.R. cannot be quashed. I have considered the submissions of both the par....
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....of any kind is disclosed in the first information report that the Court will not permit an investigation to go on; (iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the 'rarest of rare cases (not to be confused with the formation in the context of death penalty). (v) While examining an FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint; (vi) Criminal proceedings ought not to be scuttled at the initial stage; (vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule; (viii) Ordinarily, the courts are barred from usurpi....
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.... power requires the court to be more cautious. It casts an onerous and more diligent duty on the court; xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the self-restraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint; (xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the....
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....acie of the opinion that an exceptional case is made out for grant of interim stay of further investigation, after considering the broad parameters while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India referred to hereinabove, the High Court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate the application of mind by the Court and the higher forum can consider what was weighed with the High Court while passing such an interim order. (xviii) Whenever an interim order is passed by the High Court of "no coercive steps to be adopted" within the aforesaid parameters, the High Court must clarify what does it mean by "....