Excelsior Correspondent
Srinagar, Feb 28: High Court today held that it should not interfere with the investigation of the case in which offenses are cognizable and warrant investigation.
Hearing a petition challenging the FIR registered by police, Justice Ali Mohammad Magrey held that the court should desist from making a decision when the facts in the case are incomplete.
“While keeping in view the scope of Section 561-A Cr.PC, the court should refrain from making prima facie decision at interlocutory stage when entire facts of the case are incomplete, hazy and more so, when material evidence is yet to be collected and issues involved could not be seen in their true perspective”, Justice Magrey recorded.
Justice Magrey said that this court has only to ascertain whether the allegations made in the FIR do disclose or do not disclose the commission of offences, if it does, then it cannot be quashed at its thresh-hold stage.
“It is not proper to scuttle away the investigation at its thresh-hold stage, if FIR discloses the commission of offences. High Court should not interfere with the investigation which would amount to stalling the investigation and jurisdiction of statutory authorities to exercise powers in accordance with the provisions of criminal Code”, reads the judgment.
Through the instant petition, petitioners were seeking quashing of FIR No. 04/2018 dated 06.01.2018 registered in Police Station Kulgam u/s 498-A, 392, 354 & 342 RPC.
Wife of the petitioner-Ashiq Hussain filed a complaint before Judicial Magistrate Kulgam and alleged that she was being beaten by his husband in wrongful confinement. It is after the examination of the complaint Magistrate concerned directed the police to investigate the matter and report compliance to the court.
Petitioner submitted that instead of enquiring about the matter, the police has registered a case bearing FIR No. 04/2018 under sections 498-A, 392, 354 & 342 RPC.
He pleaded before High Court that since the Magistrate has only asked to enquire into the matter and report compliance, therefore, there was no scope for the police to register the case.
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