1. The present Criminal Misc. Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicants herein – original accused to quash and set aside the impugned FIR being C.R.No.II-3564 of 2008 registered with Himmatnagar Town Police Station for the offences punishable under Sections 447, 427, 506(1) and 114 of the Indian Penal Code.
2. Mr.Japee, learned advocate appearing on behalf of the applicants has vehemently submitted that as such so far as applicant No.1 is concerned, he was not present at the time of alleged incident as he was hospitalized due to heart ailment in the Hospital at Jamnagar. It is therefore submitted that the impugned FIR is nothing but abuse of process of law and Court and only a counter-blast to the earlier complaint filed against the accused persons.
3. Mr.L.B.Dabhi, learned Additional Public Prosecutor appearing on behalf of respondent No.1-State, under the instructions from the concerned Investigating Officer, has stated at the bar that there is some material found against the applicants in support of the allegations and averments made in the impugned FIR. It is further submitted that as such averments and allegations in the impugned FIR discloses prima facie commission of cognizable offences, which are required to be further investigated by the concerned Investigating Officer. It is submitted that Whether applicant No.1 at the relevant time was in Hospital or not as well as Whether applicant No.1 was hospitalized as contended by learned advocate appearing on behalf of the applicants, are required to be investigated by the Investigating Officer. Therefore, it is requested not to exercise the powers u/s.482 of the Code of Criminal Procedure and not to quash and set aside the impugned FIR at threshold, without further investigation.
4. Having heard learned advocates appearing on behalf of the respective parties and considering the averments and allegations in the impugned FIR, it appears that averments and allegations in the FIR prima facie discloses commission of cognizable offences, which are required to be further investigated by the concerned Investigating Officer. Whether at the relevant time applicant No.1 was hospitalized and/or Whether he was present at the time of alleged incident or not, are required to be investigated by the Investigating Officer. It goes without saying that Investigating Officer shall consider all the aforesaid aspect while investigating the case. When there are specific allegations and averments in the FIR discloses prima facie commission of cognizable offences, which are required to be further investigated, no case is made out to exercise powers u/s.482 of the Code of Criminal Procedure and to quash and set aside the impugned FIR threshold without any investigation by the concerned Investigating Officer.
5. In view of the above and for the reasons stated hereinabove, the present application fails and the same deserves to be dismissed and is accordingly dismissed with above observations. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti