Uttaranchal High Court: The relief of quashing of FIR, as prayed for by the petitioner, was denied by a Single Judge Bench comprising of V.K. Bist, J.
An FIR was registered against the petitioner for an offence punishable under Section 379 IPC. The petitioner was booked for alleged theft of 184 items from a truck carrying grocery goods of Reliance Retail Ltd. In the instant petition, the petitioner inter alia sought for quashing of the said FIR submitting that he was falsely implicated in the case.
For deciding the petition, the High Court relied on a Supreme Court decision in State of W.B. v. Swapna Kumar, (1982) 1 SCC 561, wherein it was held, “If 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.” On going through the contents of the FIR, the Court was of the opinion that it could not be said that the said FIR did not disclose any offence. Whether the facts mentioned in the FIR were correct or not, was a matter of investigation. The High Court held that it was not a fit matter so as to require the interference by the Court. Accordingly, the petition was dismissed. [Naushad v. State of Uttarakhand, 2018 SCC OnLine Utt 465, dated 15-5-2018]
