Jammu & Kashmir High Court: A Single Judge Bench of Sanjay Kumar Gupta, J., dismissed a petition filed under Section 561-A of the Jammu & Kashmir CrPC, whereby the petitioner sought quashing of an FIR filed against him for offences under Sections 427 & 379 of the Ranbir Penal Code, 1989.
The main issue that arose before the Court was whether the petitioner was entitled to get relief under Section 561-A of the CrPC.
The Court observed that from the FIR it was evident that a case for cognizable offences had been made out which calls for an in-depth investigation. Further, the argument of the petitioners that they were pursuing their case before the Court when the offence was committed was rejected by the Court because the records of the Court had no mention of the petitioners on the said date. The Court observed that FIR can be only quashed in order to prevent abuse of process of law or to secure the ends of justice. In cases where an innocent person is subject to unnecessary prosecution or an investigation is initiated without proper materials to make out a prima facie case, an FIR can be quashed. Inherent powers given to the Court under Section 561-A are to be exercised sparingly, carefully and with great caution since this power is vested in the High Courts to do substantial justice.
The Court held that the petitioner had failed to show sufficient grounds which might require the interference of the Court and resultantly, the petition was dismissed.[Pitamber Singh v. State of J&K,2018 SCC OnLine J&K 859, order dated 22-11-2018]
