Srinagar, Apr 20: The State High Court today said the powers vested with it to quash the FIR and investigations are to be exercised cautiously and carefully.
Hearing a petition seeking quashing of FIR, Justice J R Kotwal said the jurisdiction of the High Court can be invoked to seek quashing of FIR and investigation by the Police or any criminal proceedings pending in any Court if it is shown to the satisfaction of the Court that such proceedings is the abuse of process of that Court.
Court before deciding the case on its merits said, the scope of jurisdiction under Section 561-A CrPC, High Court is vested with inherent jurisdiction to make such order as may be necessary to give effect to any order under the Code or to prevent abuse of process of any Court or otherwise to secure the ends of justice.
“The jurisdiction of the High Court is vast indeed but it is well settled that this jurisdiction is to be exercised cautiously, carefully and sparingly and the Court has not to function as a Court of appeal or revision”, Justice Kotwal said.
The Impugned FIR was registered on a brief source information about involvement of some employees deputed at examination centers and civilians in facilitating copying in the examination centers for promoting their monetary interests.
Court said, on according consideration to the FIR and the material collected by the Investigating Officer, it cannot be said that there is no prima facie case of commission of offences by the petitioners, for which the impugned FIR has been registered and contention raised on behalf of the petitioner, that money recovered from him had been given to him by his brother cannot be entertained at this stage as it involved a question of fact, which can be ascertained by the Investigating Officer and adjudicated upon at the trial of the case.
“For the aforementioned fact situation and having regard to the scope of jurisdiction that can be exercised Under Section 561-A CrPC this petition has no merit and is dismissed”, court concluded.
It is on report of the Deputy Superintendent of Police R. S. Pura, which and the impugned FIR would show that on 04.05.2017 source information was received at Police Station, R. S. Pura that some employees of the Education Department deployed at the examination centers for 12th Class Examination at Government Boys Higher Secondary School, R. S. Pura and Government Girls Higher Secondary School (GGHSS), R. S. Pura were assisting the candidates in copying in connivance with some civilians.
And visiting on spot, the petitioners were found coming from the school ground towards the gate of the school. They were chased and overpowered by the DySP On questioning, they disclosed their names and also that they were the teachers of Government Girls High School, Rangpur, Mullanian.
Feeling suspicious about the activity of the petitioners, the DySP conducted their personal search. Rs. 16,000 were recovered from inside the right shoe of the petitioner, Ravinder Kumar and in addition Rs. 5445 and one slip containing three-digit roll numbers of some candidates were recovered from him. Rs. 5320 and one mobile phone were recovered from the possession of petitioner, Yash Paul.
The report of the DySP further showed that the petitioners had received this amount from the candidates and on seeing the police party, petitioner, Ravinder Kumar took out the said amount from his pocket and concealed the same in his right shoe.
Power to quash FIR is to be used cautiously: HC
for the reference Sec 561-A is of CrPC old case which is Sec 482 at present that talks about using the inherent powers of the court sparingly and when an alternate remedy is available, it is better to exhaust it.