Utt HC | Court abstains from impinging on power of Police to investigate, leaves it on Investigation Officer

Uttaranchal High Court: Manoj K. Tiwari, J. dismissed a petition thwarting the request for quashing the FIR where it prima facie disclosed the commission of offence.

In the present matter, the petitioner sought for quashing the FIR registered under Sections 420 and 120-B of the Penal Code, 1860. Ramji Srivastava, Advocate for the petitioner had submitted that he was falsely implicated in the crime as there is no evidence to support the alleged incident. Whereas Pratiroop Pande, AGA submitted that the petitioner had a long criminal history.

High Court relied on the Supreme Court case, State of W.B v. Swapan Kumar, 1982 (1) SCC 561  and was of the opinion that “if the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences”.[Amit Agarwal v. State of Uttarakhand, 2019 SCC OnLine Utt 537, decided on 24-06-2019]

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