TEK CHAND JAIN v. DELHI STATE THROUGH DELHI ADMINISTRATION DELHI
1993-12-08
S.C.JAIN
body1993
DigiLaw.ai
S. C. JAIN ( 1 ) THE petitioners are promoters and builders and they are Directors, in several companies, namely, M/s Jaina Properties Pvt. Ltd, Jaina Properties and Finance Ltd, T. M. Apartments Pvt. Ltd and several other companies. It is stated that on the basis of the com-plaints made by various parties several FIRs were registered at various Police Stations in the years 1989 and 1990 under Sections 420, 406 and 120-B Indian Penal Code. The petitioners have filed petitions under Section 482 Cr. P. C. for quashing the FIRs and quashing of the investigation. ( 2 ) ADMITTEDLY, the challan has not yet been filed before the concerned court and that no proceedings are pending before any court. The case is still at the investigation stage. ( 3 ) A preliminary objection was taken by the learned State counsel that when the petitioners filed the petition in the High Court under Section 482 Cr. P. C. for quashing the FIR and the investigation, there were no proceedings pending in any court at that time. Even today no proceedings are pending before any court. Oh account of the stay order granted by this Court the challan has not yet been filed, though the investigation has been completed in the matter and the challan is ripe to be filed in the court concerned. He put reliance upon a decision of the Supreme Court State of West Bengal vs. S. N. Basak {[1963] 2 S. C. R. 52 } and another decision of the Supreme Court in Jehan Singh vs. Delhi Administration {1974 S. C. C. [cri] 558} in support of his contention that the petitions under Section 482 Cr. P. C. for quashing of the FIRs are not competent. According to the learned State counsel, all these petitions filed under Section 482 Cr. P. C. for quashing of the FIRs and the proceedings during the course of investigation are premature and should be dismissed. According to the learned State counsel, the powers of investigation into cognizable offences are contained in Chapter XII of the Code of Criminal Procedure.
According to the learned State counsel, all these petitions filed under Section 482 Cr. P. C. for quashing of the FIRs and the proceedings during the course of investigation are premature and should be dismissed. According to the learned State counsel, the powers of investigation into cognizable offences are contained in Chapter XII of the Code of Criminal Procedure. Section 154 which is in that chapter deals with information in cognizable offences and Section 156 with investigation into such offences and under these sections the police has the statutory right to investigate into the circumstances of any alleged cognizable offence without authority from a Magistrate and this statutory power of the police to investigate cannot be interfered with by the exercise of the inherent power of the Court under Section 482 Cr. P. C. (old Section 561a of the Cr. P. C. ). According to the learned counsel, the basic facts in this case are similar, to those in Jehan Singh s case [supra] and S. N. Basak s case [supra] where also no police challan or charge sheet against the accused had been laid in the Court when the petitions under Section 482 Cr. P. C. were filed. The impugned proceedings were those which were being conducted in the course of the police investigation. ( 4 ) LEARNED counsel for the petitioners,however, drew my attention towards a Single Bench decision of this Court of Justice P. K. Bahri in Cr. M (M) No. 1777 of 1988 wherein in a petition under Section 482 Cr. P. C. the FIR and the investigation were quashed. In that case also, the charge sheet was not filed. He also relied upon the other decisions. He pointed out that there is no direct authority of the Supreme Court on the point that the FIR and the investigation cannot be quashed in a petition under Section 482 Cr. P. C. and only a writ petition under Article 226 of the Constitution of India is maintainable for this purpose. ( 5 ) AS far as the legal proposition is concerned, the Hon ble Supreme Court in its latest decision in The Janata Dal us. H. S. Chowdhary and others [1993 Cri L. J. 600 ] discussed the scope of Section 482 Cr. P. C. and observed as under :- " "the inherent power conferred by Section 482 should not be exercised to stifle a legitimate prosecution.
H. S. Chowdhary and others [1993 Cri L. J. 600 ] discussed the scope of Section 482 Cr. P. C. and observed as under :- " "the inherent power conferred by Section 482 should not be exercised to stifle a legitimate prosecution. The High Court being the highest Court of a State should normally refrain from giving a premature decision in a case wherein the entire facts are hazy, more so when the evidence has not been collected and produced before the Court and the issues involved whether factual or legal are of great magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to the cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceedings at any stage". ( 6 ) HON ble Supreme Court in the case of State of Haryana and Others vs. Bhajan Lal and others [air 1992 S. C. 604 ], while discussing the scope of Section 482 Cr. P. C. and Article 226 of the Constitution of India laid down certain guidelines regarding the quashing of FIR. The Hon ble Judges observed as under :- ". . . THE High Court may in exercise of powers under Article 226 or under Section 482 of Cr. P. C. may interfere in proceedings relating to cognizable offences to prevent abuse of the process of any Court or otherwise to secure the ends of justice. However, power should be exercised sparingly and that too in the rarest of rare cases". One of the guidelines laid down by the Hon ble Judges is where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding-against the accused, the FIR and the proceedings can be quashed. Hon ble Mr. Justice Ratnavel Pandian had also discussed about the scope of Section 482 Cr.
Hon ble Mr. Justice Ratnavel Pandian had also discussed about the scope of Section 482 Cr. P. C. in another case reported as M/s Jayant Vitamins Ltd vs. Chaitanyakumar and Another [1992 S. C. C. {cri} 793 ] and held that the investigation into an offence is a statutory function of the police and the superintendence thereof is vested in the State Government and the Court is not justified without any compelling and justifiable reason to interfere with the investigation. ( 7 ) FOLLOWING the latest decision of the Hon ble Supreme Court in the ease of Janata Dal vs. H. S. Chowdhary and Others [ 1993 Cri. L. J. 600 ] wherein it has been laid down that no hard and fast rule can be laid down in regard to the cases in which the High Court may exercise its-extraordinary jurisdiction of quashing the proceedings at any stage, I adjourn the cases for hearing arguments on the point whether in the present circumstances of these cases, this Court should exercise its inherent power under Section 482 Cr. P. C. for quashing the FIRs and the investigation arising therefrom in view of the guidelines as laid down by the Hon ble Supreme Court in its various decisions referred to above. ( 8 ) TO be listed on 21. 1. 1994 at the end of the cause list. Interim order to continue till then only.