Case Note & Summary
The appeal arose from a Final Judgment and Order dated 12.03.2021 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.42776 of 2013, which dismissed the appellant's prayer for quashing of First Information Report No.87 of 2011 dated 19.03.2011 registered at Dumraon Police Station, Buxar, Bihar under Sections 467, 468, 469 and 471 of the Indian Penal Code, 1860. The informant/respondent no.2, Maharaj Kumar Man Vijay Singh @ Man Vijay Singh, alleged that Raj Kumar Karan Vijay Singh, son of Group Captain Late Maharaj Kumar Ran Vijay Singh, had sold off property belonging to five persons of the informant's family, including the informant himself, by executing a sale deed as power of attorney holder. The appellant sought quashing of the FIR on the ground that the allegations were false and the sale was valid. The High Court dismissed the petition, holding that the FIR disclosed a prima facie case. The Supreme Court, after hearing learned counsel for the parties, granted leave and dismissed the appeal, affirming the High Court's order and directing that the trial proceed expeditiously.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court's dismissal of a petition under Section 482 CrPC seeking quashing of FIR was upheld by the Supreme Court, as the allegations in the FIR disclosed a prima facie case of forgery and cheating, and the matter required trial on merits. (Paras 1-3)
Issue of Consideration
Whether the High Court was justified in dismissing the petition under Section 482 CrPC seeking quashing of FIR alleging forgery and cheating in sale of property by power of attorney holder.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's order and directing that the trial proceed expeditiously.
Law Points
- Criminal Procedure Code
- 1973
- Section 482
- Inherent Powers
- Quashing of FIR
- Prima Facie Case
- Forgery
- Indian Penal Code
- 1860
- Sections 467
- 468
- 469
- 471
Case Details
CRIMINAL APPEAL NO.523 OF 202 4 ( @ SPECIAL LEAVE PETITION (CRL.) NO.6562 OF 2021)
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Nature of Litigation
Criminal appeal against dismissal of petition under Section 482 CrPC seeking quashing of FIR.
Remedy Sought
Appellant sought quashing of FIR No.87 of 2011 registered under Sections 467, 468, 469, 471 IPC.
Filing Reason
Allegations that the appellant, as power of attorney holder, sold property belonging to informant and his family members without authority.
Previous Decisions
High Court of Judicature at Patna dismissed the petition under Section 482 CrPC in Criminal Miscellaneous No.42776 of 2013 vide Final Judgment and Order dated 12.03.2021.
Issues
Whether the High Court was correct in dismissing the petition under Section 482 CrPC seeking quashing of FIR on the ground that the allegations disclosed a prima facie case.
Submissions/Arguments
Learned counsel for the appellant argued that the FIR should be quashed as the allegations were false and the sale was valid.
Learned counsel for the respondent supported the High Court's order, contending that the FIR disclosed a prima facie case.
Ratio Decidendi
The High Court's refusal to quash the FIR under Section 482 CrPC was justified as the allegations in the FIR disclosed a prima facie case of forgery and cheating, and the matter required trial on merits.
Judgment Excerpts
Heard learned counsel for the parties.
Leave granted.
The present appeal arises out of the Final Judgment and Order dated 12.03.2021 passed in Criminal Miscellaneous No.42776 of 2013 by the High Court of Judicature at Patna by which the prayer for quashing First Information Report No.87 of 2011 dated 19.03.2011 registered at Dumraon Police Station, Buxar, Bihar under Sections 467, 468, 469 and 471 of the Indian Penal Code, 1860 has been dismissed.
Procedural History
The informant filed an FIR on 19.03.2011. The appellant filed a petition under Section 482 CrPC before the High Court of Judicature at Patna, which was dismissed on 12.03.2021. The appellant then appealed to the Supreme Court.
Acts & Sections
- Indian Penal Code, 1860: 467, 468, 469, 471
- Code of Criminal Procedure, 1973: 482
