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Charge Sheet: Quashing Of FIR

The court in exercise of inherent power s u/s 482 Crpc would not embark upon the inquiry whether or not the statement of witness can be believed. It is function of the Trial Court. At appropriate stage, the applicant's, therefore, agitate the matter before the court at the time when the court takes up the case for framing of charges.

The Power of the court to discharge an accused stands on a different footing than that of the powers of Court u/s 482 ,Crpc, for quashing of the proceedings as it's inception ( Murari vs State of U.P,1998(2) ACC158

The Supreme Court in Union of India vs Sushil Kumar Modi, it has been observed that case must be taken by the High court to avoid making any observations Which may be construed as the expression of its opinion on merits relating to the accusation against any individual as such observations may influence the decision on merits at the trial.

It is further submitted that since the petitioner has not been able to point out any infraction of Law, in the contract of the investigation ,this is not a fit case in which High Court should quash the charge sheet against the petitioner and direct re investigation in to the case.

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