Rajasthan High Court - Jaipur
Girraj Prasad Meena vs State Of Rajasthan And Anr on 31 March, 2010
S.B. Criminal Misc. Petition No.543/2010 Girraj Prasad Meena Vs. State of Raj. And Anr. Dated : 31.03.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Chandra Shekhar, for the petitioner.
Mr. Amit Punia, PP for the State.
*** Heard learned counsel for the parties.
It has consistently been held by the Hon'ble Apex Court in the catena of cases that the powers under Section 482 of Cr.P.C. should be exercised sparingly in rarest of rare cases with circumspection. It has also been held by the Hon'BLE Apex Court in the plethora of cases that the FIR should not be set at naught to scuttle the justice, under Section 482 of Cr.P.C. With a view to quash the FIR, it is to be seen as to whether the facts of the FIR do disclose the commission of cognizable offence or not.
In the instant case, nothing has emerged on record, which may lead this Court to infer that the facts of the FIR do not disclose commission of cognizable offence. The FIR has been registered by the Police. It is the exclusive domain of police to investigate under the provisions of law. The courts are not required to interfere with the powers of investigation conferred on the Police. Hence, the petition being bereft of any substance deserves to be dismissed at the threshold, which stands dismissed accordingly.
(MAHESH BHAGWATI)J. Pcg