Manoj Kumar Sharma Vs. State of Chhattisgarh
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Head Note
Indian Penal Code,1860 - Section 304-B , Section 498-A , Section 34 , The Code of Criminal Procedure, 1973 - Section 154 , Section 173 , Section 174 , Section 397 , Section 482
Territorial Jurisdiction - Ordinary place of enquiry and trial - Delay in lodging of FIR - Inquiry under Section 174 - Scope of - The allegations made in the FIR are inherently improbable and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the appellants herein. Further, to invoke inherent jurisdiction under Section 482 of the Code, the High Court must be fully satisfied that the material produced on record is based on sound, justifiable and reasonable facts - Held: In the case on hand, malicious prosecution was instituted by the brother of the deceased after a period of five years that too on the basis of anonymous letters. There was no accusation against the appellants before filing of the FIR. The allegations are vague and do not warrant continuation of criminal proceedings against the appellants. Also, the court at Durg has no territorial jurisdiction because cause of action, if any, has arisen in Ambala. The criminal proceeding is grossly delayed and a result of belated afterthought. The High Court failed to apply the test whether the uncontroverted allegations as made prima facie, establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit the prosecution to continue. The High Court did not apply its mind judiciously and on an incorrect appreciation of record, ordered for continuance of the investigation on a petition under Section 482 of the Code. This power must be exercised judiciously and not capriciously or arbitrarily, as any improper or capricious exercise of such power may lead to undesirable results. In view of the foregoing discussion, FIR No. 194 dated 29.05.2024 is hereby quashed and the criminal proceeding against the appellants is dropped for want of prosecution. Consequently, the appeal is allowed.
Topic(s)-Territorial Jurisdiction - Ordinary place of enquiry and trial - Delay in lodging of FIR - Inquiry under Section 174 - Scope of