TaxTMI 
TaxTMI 
TaxTMI 
2025 (6) TMI 111
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....nder Sections 420, 468 and 471 of IPC at Police Station Urban Estate Hisar, District Hisar and all the proceedings having emanated therefrom. 2. Adumbrated facts as emanating from the record and relevant for the purpose of this petition are that the aforementioned FIR has been registered on the basis of a complaint lodged by complainant Rajender Kedia, proprietor of J.M. Steels alleging that his firm had been purchasing iron goods from the petitioner who is director of Nirav Metals Pvt. Ltd., on making advance payments. He had represented to the complainant that he also supplied goods to big steel companies and believing him, the complainant had made advance payments. Initially, the petitioner kept on sending goods in time thereby winning ....
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....r carrying on business with the firm of the complainant as well as with him. Those terms and conditions were not only accepted by Mr. Anil but by the complainant also. The business had started. Sometime thereafter, the complainant had started directly dealing with Mr. Anil Rai and without taking care of the fact that the goods shown in the invoices/E-Way bills issued during the period from 17.01.2022 to 24.01.2022 had not been received by the complainant, he continued placing orders directly to the abovesaid Mr. Anil Rai against the advice given by the petitioner. It was the abovesaid Anil Rai who committed fraud and had not sent the goods despite receipt of advance money through the petitioner. The petitioner even got registered an FIR aga....
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.... complainant had been ordered to be closed by the police authorities, this FIR could not be registered. The FIR has been registered in a mechanical manner in violation of law. It is, therefore, argued that the impugned FIR and the proceedings emanating therefrom are liable to be quashed. 5. Mr. Atul Gupta, Advocate and Mr. A.K. Kansal, Advocate have appeared on behalf of the respondent No. 2 as they have advance notice of the petition. Mr. Apoorv Garg, Senior DAG, Haryana too has advance notice. It is argued by them that there are serious allegations against the petitioner. Detailed and thorough investigation is necessary regarding the transactions which had been conducted between the parties. The investigation is at premature stage as the....
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.... at the initial stage. While examining a FIR/complaint, quashing of which is sought, the Court cannot embark upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint. It was also observed that save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of investigation of offences. It was also observed as follows:- "13.12. The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police ....
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.... the FIR." 8. Reference can also be made to Somjeet Mallick v. State of Jharkhand and others, 2024 (10) SCC 527, wherein the Hon'ble Supreme Court had observed that during judicial examination of a prayer for quashing of an FIR, the cognizance order, or subsequent proceedings, Courts must evaluate the allegations and material collected during investigation at face value so as to determine whether a prima facie case for investigation or proceeding against the accused, as the case may be is made out. The correctness of the allegations is not to be tested at this stage. The Court is also not required to ascertain at this stage as to which specific offence is committed. It is only after investigation, at the time of framing charge, when t....