Case Note & Summary
The petitioners, Imran Khan @ Imran Pasha and Imran Pasha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the order dated 28.10.2013 passed in Crime No.280/2013 of Sampige Halli Police Station, pending before the Chief Metropolitan Magistrate, Bengaluru. The case was registered suo moto by the police on 13.09.2013 for offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860 (IPC) against the petitioners and others, showing the petitioners as absconding. According to the prosecution, on 13.09.2013 at about 11.20 p.m., the police received information that on Nagavara Service Road, three cars were parked and people were planning to commit dacoity. The police reached the spot at about 11.50 p.m. and overheard a person in a Chevrolet Captiva saying that a lorry filled with something was expected. The police apprehended some persons at the spot, but the petitioners were not present and were shown as absconding. The petitioners contended that there was no material to show their involvement in any conspiracy to commit dacoity. The High Court, after hearing the counsel for the petitioners and the High Court Government Pleader, held that the allegations in the FIR did not disclose any offence against the petitioners. The court observed that for an offence under Section 402 IPC, there must be evidence that the accused were members of an assembly of five or more persons formed for the purpose of committing dacoity. Since the petitioners were not present at the spot and there was no material linking them to the alleged assembly, the proceedings against them were an abuse of process of law. The court allowed the petition and quashed the FIR and all proceedings against the petitioners.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash criminal proceedings if the allegations do not disclose any offence or are frivolous. (Para 2) B) Indian Penal Code - Preparation to Commit Dacoity - Sections 399 and 402 IPC - Essential Ingredients - For an offence under Section 402 IPC, there must be evidence that the accused were members of an assembly of five or more persons and that such assembly was formed for the purpose of committing dacoity. Mere presence or suspicion is insufficient. (Para 3) C) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Absconding Accused - The mere fact that the petitioners were shown as absconding in the FIR does not constitute evidence of their involvement in the alleged conspiracy. (Para 3)
Issue of Consideration
Whether the FIR and proceedings against the petitioners under Sections 399 and 402 IPC should be quashed for lack of evidence showing they were part of any assembly preparing to commit dacoity.
Final Decision
The petition is allowed. The order dated 28.10.2013 passed in Cr.No.280/2013 of Sampige Halli Police Station on the file of the Chief Metropolitan Magistrate, Bengaluru, and all proceedings therein are quashed.
Law Points
- Quashing of FIR
- Lack of prima facie case
- Sections 399 and 402 IPC
- Preparation to commit dacoity
- Inherent powers under Section 482 CrPC
