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Quashing of FIR: High Court's Hands Tied in Quashing Charges

The Law well settled fairly by the Supreme Court that the High Court will not either under Article 226/227 of the Constitution or under 482 of the Crpc quash a Charge Sheet against an accused person unless the chargesheet against an accused person unless charge sheet and the material s filed with along with the dio not disclose commission if an offence by the accused person.

In State of Bihar vs Shri P P Sharma P.P Sharma, an IAS Officer was the Managing Director of the Bihar State Cooperative Marketing Union Limited and Tapeshwar Singh was the Chairman of the Bihar State Cooperative Marketing Union Limited. A First Information Report was lodged with the police that the P.P Sharma and Tapeshwar Singh had entered in to criminal conspiracy with the Director of Rajasthan Multi Fertilizer Private Ltd in cheating the Bihar State Cooperative Marketing Ltd to the tune of 53,97,277.32. P.O Sharma filed writ petition in the Patna High Court praying for quashing of FIR and police Report and the High Court admitted the Writ and stated the further proceedings in the Court below.

The High Court thereafter allowed the Writ Petition and Quashed the FIR and the Criminal proceedings against the accused petitioner. The State of Bihar filed a SLP before the Supreme Court and after Leave was granted the Supreme Court held in criminal Appeal that when the police Report under Section 173 of the Crpc has been forwarded to the Magistrate after completion of the Investigation, the High Court will not quash the FIR or Charge Sheet in exercise of its power under Article 226 or 227 of the constitution or under Section 482 of the Crpc except in a case when no offence is made out in the FIR and the charge sheet.

Two seperate judgement were delivered by Kuldip Singh J, a d K Ramaswamy J, but in both the said judgement the aforesaid limitation s on the power of the High Court under Article 226 and 227 of the Constitution and Section 482 of the Crpc have been clearly Stated that at a stage when the police report under section 173, Crpc has been forwarded to the Magistrate after completion of the investigation and the material s collected by the investigating Officer is under the Gaze of Judicial Enquiry,the High Court would do well to discipline it self not to undertake Quashing proceedings at that stage in exercise of its Inherent Jurisdiction.

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