2014 (11) TMI 1282

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.... Singhania, Adv. For the Respondents : Shiv Mangal Sharma, AAG, Aishwarya Bhati, Pawan Kumar Saini, Akshat Anand, Shrey Kapoor, Anjali Chauhan, Advs. for Ruchi Kohli, Adv. JUDGMENT S.K. Singh, J. 1. Leave granted. 2. Heard Mr. H.D. Thanvi, learned Counsel for the Appellant, Ms. Aishwarya Bhati, learned Counsel for the accused Respondents and Mr. Shiv Mangal Shama for the State of Ra....

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....deed but later she came to know that they had dishonestly prepared an agreement for sale of her lands. After noticing that the complaint of the Appellant was forwarded to the police for instituting FIR and investigation and that the accused were seeking quashing of the FIR, the High Court took into consideration a report described as a factual report submitted by the Investigating Officer and by p....

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....should not be used to quash an FIR because that amounts to interfering with the statutory power of the police to investigate a cognizable offence in accordance with the provisions of Code of Criminal Procedure. As per law settled by a catena of judgments, if the allegations made in the FIR prima facie disclose a cognizable offence, interference with the investigation is not proper and it can be do....

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....er and held that the FIR appears to be only a counter blast to the civil action initiated by the accused against the complainant for specific performance of an agreement for sale. 9. Learned Counsel for the accused also pointed out that there was some delay in lodging the complaint and that created further suspicion in the mind of the High Court, leading to an inference recorded in the order th....