JUDGMENT : Rakesh Kainthla, J. The petitioners have filed the present petition for quashing of criminal proceedings pending before learned Judicial Magistrate, First Class, Baijnath, District Kangra (learned Trial Court) in a case titled State of H.P. versus Satish Kumar and others arising out of FIR No. 5/2024 dated 3 rd January 2024 registered for the commission of offences punishable under Sections 341 , 147, 149, 504, and 506 of Indian Penal code ( IPC ) at Police Station, Baijnath District Kangra, HP. (The parties shall hereinafter be referred to in the same manner in which they are arrayed before the learned Trial Court for convenience). 2. Briefly stated, the facts giving rise to the present petition are that Sunny Kumar (informant) and Chaman Kumar were going to Delhi on 24 th December 2023 in a bus bearing registration No. DD-01R-9971. When the bus reached Palampur, a passenger sitting behind them started misbehaving with them. They also had arguments with the driver and conductor. They got off the bus at Kalu Di Hatti. The bus left for Delhi. When they were returning to their home, they received a call from the mobile number xxx6008 and the caller started abusing them. The caller asked them to stop at Palampur, where they would be given suitable treatment. They disconnected the call, however, the caller started calling them from a different mobile numbers. When they reached Tashi Jong on 24 th December 2023 at 10:15 PM, a vehicle bearing registration number HP-53A-5009 stopped them. Another vehicle was also parked on the spot but the informant could not read its registration number. Satish @ Sattu came out of the vehicle bearing registration number HP-53A-5009 with 5-6 people. They had the baseball bats with them. They gave beatings to the informant and Chaman. The assailants were intoxicated. Both parties suffered injuries in the incident. The police registered the FIR and conducted the investigation. Police seized the baseball bat, recorded the statements of the witnesses and filed a charge sheet against the accused for the commission of offences punishable under Sections 341 , 147, 149, 504, and 506 of IPC . 3. Being aggrieved by the registration of the FIR and the consequential proceedings, the petitioners have filed the present petition for quashing the FIR and the criminal proceedings arising out of it.
3. Being aggrieved by the registration of the FIR and the consequential proceedings, the petitioners have filed the present petition for quashing the FIR and the criminal proceedings arising out of it. It was asserted that the informant had lodged a false FIR against the petitioners. The informant and Chaman Lal boarded the bus from Tashi Jong to Delhi. They were drunk. They started misbehaving with fellow passengers. The driver and conductor tried to intervene but the informant and Chaman Lal assaulted the driver and conductor. Ashwani also assaulted one passenger named Kaushal Ahuja. When all the passengers protested, the informant party got off the bus. Petitioner no. 1 is the owner of the bus. The driver and conductor informed him about the incident. The informant party called petitioner No. 1 and asked him to refund their money. They asked him to meet at Tashi Jong. When the petitioners reached Tashi Jong with petitioners Nos. 2 to 5, the informant party assaulted them. Petitioners No. 1 to 4 were taken to the hospital, where they were examined for the injuries sustained by them. Their injuries were found to be grievous. The informant lodged a false FIR with a mala fide intention and as a counterblast to the FIR No. 239 of 2023, which was registered against the informant party. Therefore, it was prayed that the present petition be allowed and FIR and criminal proceedings arising out of it be quashed. 4. I have heard M/s Pawan K Sharma and Tim Saran, learned counsel for the petitioners and Mr. Ajit Sharma, learned Deputy Advocate General for Respondent No. 1/State. 5. Mr. Pawan K Sharma, learned counsel for the petitioners submitted that the FIR is false and a counterblast to the FIR lodged against the informant party. The petitioners had sustained grievous injuries. The continuation of the criminal proceedings against the petitioners amounts to abuse of the process of the Court. The FIR is a result of mala fides. Hence, he prayed that the present petition be allowed and that FIR and criminal proceedings be quashed. He relied upon the judgement of the Hon’ble Supreme Court in the State of Haryana versus Chaudhary Bhajan Lal AIR 1992 SC 604 in support of his submission. 6. Mr Ajit Sharma learned Deputy Advocate General for respondent No.1/State submitted that the FIR discloses the commission of a cognizable offence.
He relied upon the judgement of the Hon’ble Supreme Court in the State of Haryana versus Chaudhary Bhajan Lal AIR 1992 SC 604 in support of his submission. 6. Mr Ajit Sharma learned Deputy Advocate General for respondent No.1/State submitted that the FIR discloses the commission of a cognizable offence. A charge sheet has been filed before the Court. This court cannot go into the truthfulness or otherwise of the allegations made in the FIR while exercising jurisdiction under Section 528 of Bhartiya Nagarik Suraksha Sanhita (BNSS); hence, he prayed that the present petition be dismissed. 7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully. 8. The law relating to quashing of FIR was explained by the Hon’ble Supreme Court in B.N. John v. State of U.P. , 2025 SCC OnLine SC 7 as under: - “7. As far as the quashing of criminal cases is concerned, it is now more or less well settled as regards the principles to be applied by the court. In this regard, one may refer to the decision of this Court in State of Haryana v. Ch. Bhajan Lal , 1992 Supp (1) SCC 335 , wherein this Court has summarized some of the principles under which FIR/complaints/criminal cases could be quashed in the following words: “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused.
(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) 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. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to a private and personal grudge.” (emphasis added) 8. Of the aforesaid criteria, clause no. (1), (4) and (6) would be of relevance to us in this case. In clause (1) it has been mentioned that where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, then the FIR or the complaint can be quashed.
In clause (1) it has been mentioned that where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, then the FIR or the complaint can be quashed. As per clause (4), where the allegations in the FIR do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order dated by the Magistrate as contemplated under Section 155 (2) of the CrPC, and in such a situation, the FIR can be quashed. Similarly, as provided under clause (6), if there is an express legal bar engrafted in any of the provisions of the CrPC or the concerned Act under which the criminal proceedings are instituted, such proceedings can be quashed.” 9. This position was reiterated in Ajay Malik v. State of Uttarakhand, 2025 SCC OnLine SC 185, wherein it was observed: “8. It is well established that a High Court, in exercising its extraordinary powers under Section 482 of the CrPC, may issue orders to prevent the abuse of court processes or to secure the ends of justice. These inherent powers are neither controlled nor limited by any other statutory provision. However, given the broad and profound nature of this authority, the High Court must exercise it sparingly. The conditions for invoking such powers are embedded within Section 482 of the CrPC itself, allowing the High Court to act only in cases of clear abuse of process or where intervention is essential to uphold the ends of justice. 9. It is in this backdrop that this Court, over the course of several decades, has laid down the principles and guidelines that High Courts must follow before quashing criminal proceedings at the threshold, thereby pre-empting the Prosecution from building its case before the Trial Court.
9. It is in this backdrop that this Court, over the course of several decades, has laid down the principles and guidelines that High Courts must follow before quashing criminal proceedings at the threshold, thereby pre-empting the Prosecution from building its case before the Trial Court. The grounds for quashing, inter alia, contemplate the following situations : ( i ) the criminal complaint has been filed with mala fides; ( ii ) the FIR represents an abuse of the legal process; ( iii ) no prima facie offence is made out; ( iv the dispute is civil in nature; ( v. ) the complaint contains vague and omnibus allegations; and ( vi ) the parties are willing to settle and compound the dispute amicably ( State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 10. The present petition is to be decided as per the parameters laid down by the Hon’ble Supreme Court. 11. It was specifically mentioned in the FIR that the petitioners stopped the informant and Chaman at Tashi Jong. Satish @ Satu and 5 to 6 persons gave beatings to the informant and Chaman with baseball bats. These allegations constitute the commission of cognizable offences. 12. It was submitted that the allegations in the FIR are false and a counterblast to the FIR lodged by petitioner-Satish Kumar. This Court cannot go into the truthfulness or otherwise of the allegations made in the complaint. This position was laid down in Maneesha Yadav vs. State of U.P. , 2024 SCC OnLine SC 643 , wherein it was held : - “13. As has already been observed hereinabove, the Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint at the stage of quashing of the proceedings under Section 482 Cr. P.C. However, the allegations made in the FIR/complaint, if taken at their face value, must disclose the commission of an offence and make out a case against the accused. At the cost of repetition, in the present case, the allegations made in the FIR/complaint, even if taken at their face value, do not disclose the commission of an offence or make out a case against the accused.
At the cost of repetition, in the present case, the allegations made in the FIR/complaint, even if taken at their face value, do not disclose the commission of an offence or make out a case against the accused. We are of the considered view that the present case would fall under Category-3 of the categories enumerated by this Court in the case of Bhajan Lal (supra) 14. We may gainfully refer to the observations of this Court in the case of Anand Kumar Mohatta v. State (NCT of Delhi), Department of Home (2019) 11 SCC 706 : 2018 INSC 1060 “ 14. First, we would like to deal with the submission of the learned Senior Counsel for Respondent 2 that once the charge sheet is filed, the petition for quashing of the FIR is untenable. We do not see any merit in this submission, keeping in mind the position of this Court in Joseph Salvaraj A. v. State of Gujarat [Joseph Salvaraj A. v. State of Gujarat, (2011) 7 SCC 59: (2011) 3 SCC (Cri) 23] . In Joseph Salvaraj A. [Joseph Salvaraj A. v. State of Gujarat, (2011) 7 SCC 59: (2011) 3 SCC (Cri) 23], this Court while deciding the question of whether the High Court could entertain the Section 482 petition for quashing of FIR when the charge-sheet was filed by the police during the pendency of the Section 482 petition, observed: (SCC p. 63, para 16) “16. Thus, the general conspectus of the various sections under which the appellant is being charged and is to be prosecuted would show that the same is not made out even prima facie from the complainant's FIR. Even if the charge sheet had been filed, the learned Single Judge [ Joesph Saivaraj A. v. State of Gujarat, 2007 SCC OnLine Guj 365 ] could have still examined whether the offences alleged to have been committed by the appellant were prima facie made out from the complainant's FIR, charge-sheet, documents, etc. or not.” 13. It was laid down by the Hon’ble Supreme Court in Dharambeer Kumar Singh v. State of Jharkhand, (2025) 1 SCC 392 : 2024 SCC OnLine SC 1894 that the Court cannot conduct a mini- trial while exercising jurisdiction under Section 482 of Cr.P.C. It was observed at page 397: “17.
or not.” 13. It was laid down by the Hon’ble Supreme Court in Dharambeer Kumar Singh v. State of Jharkhand, (2025) 1 SCC 392 : 2024 SCC OnLine SC 1894 that the Court cannot conduct a mini- trial while exercising jurisdiction under Section 482 of Cr.P.C. It was observed at page 397: “17. This Court, in a series of judgments, has held that while exercising inherent jurisdiction under Section 482 of the Criminal Procedure Code, 1973, the High Court is not supposed to hold a mini-trial. A profitable reference can be made to the judgment in CBI v. Aryan Singh [CBI v. Aryan Singh, (2023) 18 SCC 399 : 2023 SCC OnLine SC 379 ]. The relevant paragraph from the judgment is extracted hereunder: (SCC paras 6-7) 6. … As per the cardinal principle of law, at the stage of discharge and/or quashing of the criminal proceedings, while exercising the powers under Section 482CrPC, the Court is not required to conduct the mini-trial. … 7. … At the stage of discharge and/or while exercising the powers under Section 482CrPC, the Court has very limited jurisdiction and is required to consider ‘whether any sufficient material is available to proceed further against the accused for which the accused is required to be tried or not’.” 14. A similar view was taken in Dineshbhai Chandubhai Patel v. State of Gujarat , (2018) 3 SCC 104 : (2018) 1 SCC (Cri) 683: 2018 SCC OnLine SC 6 wherein it was observed at page 111: “29 [Ed.: Paras 29 and 30 corrected vide Official Corrigendum No. F.3/Ed.B.J./2/2018 dated 31-1-2018.]. The High Court, in our view, failed to see the extent of its jurisdiction, which it possesses to exercise while examining the legality of any FIR complaining commission of several cognizable offences by the accused persons. In order to examine as to whether the factual contents of the FIR disclose any prima facie cognizable offences or not, the High Court cannot act like an investigating agency and nor can exercise the powers like an appellate court. The question, in our opinion, was required to be examined keeping in view the contents of the FIR and prima facie material, if any, requiring no proof. 30 [Ed.: Paras 29 and 30 corrected vide Official Corrigendum No. F.3/Ed.B.J./2/2018 dated 31-1-2018.] .
The question, in our opinion, was required to be examined keeping in view the contents of the FIR and prima facie material, if any, requiring no proof. 30 [Ed.: Paras 29 and 30 corrected vide Official Corrigendum No. F.3/Ed.B.J./2/2018 dated 31-1-2018.] . At this stage, the High Court could not appreciate the evidence nor could draw its own inferences from the contents of the FIR and the material relied on. It was more so when the material relied on was disputed by the complainants and vice versa. In such a situation, it becomes the job of the investigating authority at such stage to probe and then of the court to examine the questions once the charge sheet is filed along with such material as to how far and to what extent reliance can be placed on such material. 31. In our considered opinion, once the court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code. 32. The very fact that the High Court in this case went into the minutest details in relation to every aspect of the case and devoted 89 pages judgment to quash the FIR in part led us to draw a conclusion that the High Court had exceeded its powers while exercising its inherent jurisdiction under Section 482 of the Code. We cannot concur with such approach of the High Court. 33. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot be stretched to any extent and nor can such powers be equated with the appellate powers of the High Court defined in the Code. The parameters laid down by this Court while exercising inherent powers must always be kept in mind else it would lead to committing a jurisdictional error in deciding the case. Such is the case here. 34.
The parameters laid down by this Court while exercising inherent powers must always be kept in mind else it would lead to committing a jurisdictional error in deciding the case. Such is the case here. 34. On perusal of the three complaints and the FIR mentioned above, we are of the considered view that the complaint and FIR, do disclose a prima facie commission of various cognizable offences alleged by the complainants against the accused persons and, therefore, the High Court instead of dismissing the application filed by the accused persons in part should have dismissed the application as a whole to uphold the entire FIR in question.” 15. Hence, it is not permissible for the Court to go into the truthfulness or otherwise of the allegations made in the FIR. 16. Secondly, it is not permissible to look into the documents annexed to the petition for quashing the FIR. It was laid down by the Hon’ble Supreme Court in MCD v. Ram Kishan Rohtagi, (1983) 1 SCC 1 : 1983 SCC (Cri) 115 that the proceedings can be quashed on the face of the complaint and the papers accompanying the same, no offence is constituted. It is not permissible to add or subtract anything. It was observed: “10. It is, therefore, manifestly clear that proceedings against an accused in the initial stages can be quashed only if on the face of the complaint or the papers accompanying the same, no offence is constituted. In other words, the test is that taking the allegations and the complaint as they are, without adding or subtracting anything, if no offence is made out then the High Court will be justified in quashing the proceedings in exercise of its powers under Section 482 of the present Code.” 17. Madras High Court also held in Ganga Bai v. Shriram, 1990 SCC OnLine MP 213: ILR 1992 MP 964: 1991 Cri LJ 2018 , that the fresh evidence is not permissible or desirable in the proceedings under Section 482 of Cr.P.C. It was observed: “Proceedings under Section 482, Cr.P.C. cannot be allowed to be converted into a full-dressed trial. Shri Maheshwari filed a photostat copy of an order dated 28.7.1983, passed in Criminal Case No. 1005 of 1977, to which the present petitioner was not a party. Fresh evidence at this stage is neither permissible nor desirable.
Shri Maheshwari filed a photostat copy of an order dated 28.7.1983, passed in Criminal Case No. 1005 of 1977, to which the present petitioner was not a party. Fresh evidence at this stage is neither permissible nor desirable. The respondent by filing this document is virtually introducing additional evidence, which is not the object of Section 482, Cr.P.C.” 18. Andhra Pradesh High Court also took a similar view in Bharat Metal Box Company Limited, Hyderabad and Others vs. G. K. Strips Private Limited and another, 2004 STPL 43 AP , and held: “9. This Court can only look into the complaint and the documents filed along with it and the sworn statements of the witnesses if any recorded. While judging the correctness of the proceedings, it cannot look into the documents, which are not filed before the lower Court. Section 482 Cr.PC debars the Court to look into fresh documents, in view of the principles laid down by the Supreme Court in State of Karnataka v. M. Devendrappa and another, 2002 (1) Supreme 192 . The relevant portion of the said judgment reads as follows: "The complaint has to be read as a whole. If it appears that on consideration of the allegations, in the light of the statement made on oath of the complainant that the ingredients of the offence or offences are disclosed and there is no material to show that the complaint is mala fide, frivolous or vexatious, in that event there would be no justification for interference by the High Court. When information is lodged at the Police Station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in Court, which decides the fate of the accused person. The allegations of mala fides against the informant are of no consequence and cannot by itself be the basis for quashing the proceedings". 19. A similar view was taken in Mahendra K.C. v. State of Karnataka, (2022) 2 SCC 129 : (2022) 1 SCC (Cri) 401 wherein it was observed at page 142: “16. … the test to be applied is whether the allegations in the complaint as they stand, without adding or detracting from the complaint, prima facie establish the ingredients of the offence alleged.
… the test to be applied is whether the allegations in the complaint as they stand, without adding or detracting from the complaint, prima facie establish the ingredients of the offence alleged. At this stage, the High Court cannot test the veracity of the allegations nor for that matter can it proceed in the manner that a judge conducting a trial would, based on the evidence collected during the course of the trial.” 20. This position was reiterated in Supriya Jain v. State of Haryana, (2023) 7 SCC 711 : 2023 SCC OnLine SC 765 wherein it was held: 13. All these documents which the petitioner seeks to rely on, if genuine, could be helpful for her defence at the trial but the same are not material at the stage of deciding whether quashing as prayed for by her before the High Court was warranted or not. We, therefore, see no reason to place any reliance on these three documents. 21. A similar view was taken in Iveco Magirus Brandschutztechnik GMBH v. Nirmal Kishore Bhartiya, (2024) 2 SCC 86: (2024) 1 SCC (Cri) 512: 2023 SCC OnLine SC 1258, wherein it was observed: “63. Adverting to the aspect of the exercise of jurisdiction by the High Courts under Section 482CrPC, in a case where the offence of defamation is claimed by the accused to have not been committed based on any of the Exceptions and a prayer for quashing is made, the law seems to be well settled that the High Courts can go no further and enlarge the scope of inquiry if the accused seeks to rely on materials which were not there before the Magistrate. This is based on the simple proposition that what the Magistrate could not do, the High Courts may not do. We may not be understood to undermine the High Courts' powers saved by Section 482CrPC; such powers are always available to be exercised ex debito justitiae i.e. to do real and substantial justice for the administration of which alone the High Courts exist.
We may not be understood to undermine the High Courts' powers saved by Section 482CrPC; such powers are always available to be exercised ex debito justitiae i.e. to do real and substantial justice for the administration of which alone the High Courts exist. However, the tests laid down for quashing an FIR or criminal proceedings arising from a police report by the High Courts in the exercise of jurisdiction under Section 482CrPC not being substantially different from the tests laid down for quashing a process issued under Section 204 read with Section 200, the High Courts on recording due satisfaction are empowered to interfere if on a reading of the complaint, the substance of statements on oath of the complainant and the witness, if any, and documentary evidence as produced, no offence is made out and that proceedings, if allowed to continue, would amount to an abuse of the legal process. This too, would be impermissible if the justice of a given case does not overwhelmingly so demand.” (Emphasis supplied) 22. Therefore, it is not permissible to look into the material filed by the petitioners with the petition and the Court has to rely upon the material brought before the learned Trial Court. The authenticity of the documents filed with the petition has not been established and it is impermissible to rely upon them to quash the FIR. 23. It was submitted that the FIR was lodged by the informant with a mala fide intention as a counterblast to the FIR lodged against him. This submission will not help the petitioners. It was laid down by the Hon’ble Supreme Court in State of Chhattisgarh vs Amar Kumar Singh 2023(6) 559 that when an investigation was conducted and a charge sheet was filed, the question of mala fide would become meaningless. It was observed: “78. Thirdly, it must be remembered that when information is lodged at the police station and an offence is registered in respect of a disproportionate assets case, it is the material collected during the investigation and evidence led in court that is decisive for determining the fate of the accused. To our mind, whether the first information report is the outcome of mala fides would be of secondary importance.
To our mind, whether the first information report is the outcome of mala fides would be of secondary importance. In such a case, should the allegations of mala fides be of some prima facie worth, they would pale into insignificance if sufficient materials are gathered for sending the accused up for a trial; hence, the plea of mala fide may not per se form the basis for quashing the first information report/complaint. 79. Finally, following the above, what is of substantial importance is that if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives. We can say without fear of contradiction that it is not in all cases in our country that an individual, who is accused of acts of omission/commission punishable under the PC Act but has the blessings of the ruling dispensation, is booked by the police and made to face prosecution. If, indeed, in such a case (where a prosecution should have been but has not been launched) the succeeding political dispensation initiates steps for launching prosecution against such an accused but he/she is allowed to go scot-free, despite there being materials against him/her, merely on the ground that the action initiated by the current regime is mala fide in the sense that it is either to settle scores with the earlier regime or to wreak vengeance against the individual, in such an eventuality we are constrained to observe that it is criminal justice that would be the casualty. This is because it is difficult to form an opinion conclusively at the stage of reading a first information report that the public servant is either in or not in possession of property disproportionate to the known sources of his/her income. It would all depend on what is ultimately unearthed after the investigation is complete. Needless to observe, the first information report in a disproportionate assets case must, as of necessity, prima facie, contain ingredients for the perception that there is fair enough reason to suspect the commission of a cognizable offence relating to “criminal misconduct” punishable under the PC Act and to embark upon an investigation.” 24.
Needless to observe, the first information report in a disproportionate assets case must, as of necessity, prima facie, contain ingredients for the perception that there is fair enough reason to suspect the commission of a cognizable offence relating to “criminal misconduct” punishable under the PC Act and to embark upon an investigation.” 24. It was laid down by the Hon’ble Supreme Court in Ramveer Upadhyay v. State of U.P., 2022 SCC OnLine SC 484, that a complaint cannot be quashed because it was initiated due to enmity. It was observed: “30. The fact that the complaint may have been initiated by reason of political vendetta is not in itself grounds for quashing the criminal proceedings, as observed by Bhagwati, CJ in Sheonandan Paswan v. State of Bihar (1987) 1 SCC 2884 . It is a well-established proposition of law that a criminal prosecution if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala fides or political vendetta of the first informant or complainant. Though the view of Bhagwati, CJ in Sheonandan Paswan (supra) was the minority view, there was no difference of opinion with regard to this finding. To quote Krishna Iyer, J., in State of Punjab v. Gurdial Singh (1980) 2 SCC 471 , “If the use of power is for the fulfilment of a legitimate object, the actuation or catalysation by malice is not legicidal.” Xxxx 39. In our considered opinion, criminal proceedings cannot be nipped in the bud by the exercise of jurisdiction under Section 482 of the Cr.P.C. only because the complaint has been lodged by a political rival. It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such a possibility would not justify interference under Section 482 of the Cr.P.C. to quash the criminal proceedings. As observed above, the possibility of retaliation on the part of the petitioners by the acts alleged, after the closure of the earlier criminal case, cannot be ruled out. The allegations in the complaint constitute an offence under the Atrocities Act. Whether the allegations are true or untrue would have to be decided in the trial.
As observed above, the possibility of retaliation on the part of the petitioners by the acts alleged, after the closure of the earlier criminal case, cannot be ruled out. The allegations in the complaint constitute an offence under the Atrocities Act. Whether the allegations are true or untrue would have to be decided in the trial. In the exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence. The Complaint Case No. 19/2018 is not such a case which should be quashed at the inception itself without further Trial. The High Court rightly dismissed the application under Section 482 of the Cr.P.C.” 25. Thus, it is impermissible to quash the FIR on the ground of enmity. 26. A charge sheet has been filed before the Court. The learned Trial Court is seized of the matter. It was laid down by the Hon’ble Supreme Court in Iqbal v. State of U.P. , (2023) 8 SCC 734 : 2023 SCC OnLine SC 949 that when the charge sheet has been filed, the learned Trial Court should be left to appreciate the same. It was observed: “At the same time, we also take notice of the fact that the investigation has been completed and the charge sheet is ready to be filed. Although the allegations levelled in the FIR do not inspire any confidence, particularly in the absence of any specific date, time, etc. of the alleged offences, we are of the view that the appellants should prefer a discharge application before the trial court under Section 227 of the Code of Criminal Procedure (CrPC). We say so because even according to the State, the investigation is over and the charge sheet is ready to be filed before the competent court. In such circumstances, the trial court should be allowed to look into the materials which the investigating officer might have collected forming part of the charge sheet. If any such discharge application is filed, the trial court shall look into the materials and take a call whether any discharge case is made out or not.” 27. The FIR discloses the commission of cognizable offences, and it cannot be quashed at this stage. 28. No other point was urged. 29.
If any such discharge application is filed, the trial court shall look into the materials and take a call whether any discharge case is made out or not.” 27. The FIR discloses the commission of cognizable offences, and it cannot be quashed at this stage. 28. No other point was urged. 29. In view of the above, the present petition fails and the same is dismissed. 30. The observation made herein before shall remain confined to the disposal of the instant petition and will have no bearing, whatsoever, on the merits of the case.