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M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.07.2020 passed by the High Court of Judicature at Allahabad in Application under Section 482 No. 1697 of 2016, by which the High Court in exercise of powers under Section 482 Cr.P.C. has quashed the entire proceedings of Criminal Case No. 3302 of 2015 under Sections 147, 148, 149, 406, 329 and 386 IPC, P.S. Barra, District Kanpur Nagar, pending in the Court of I-Additional Chief Metropolitan Magistrate, Kanpur Nagar, the original complainant has preferred the present appeal.

2. That the appellant herein filed a complaint before the learned Magisterial Court under Section 156(3) Cr.P.C. against the private respondents for the offences under Sections 147, 148, 149, 406, 329 and 386 IPC; that the learned Additional Chief Metropolitan Magistrate, Kanpur Nagar, by order dated 07.09.2015, after perusal of the facts mentioned in the application/complaint and documents and having found a prima facie case of cognizable offence and having observed that the police is required to investigate the same, allowed the said application under Section 156(3) Cr.P.C. and directed the concerned Station House Officer to register the first information report and investigate it in accordance with law.

2.1 That thereafter the concerned SHO registered the FIR as Case Crime No. 0645 of 2015 against the private respondents herein for the offences under Sections 147, 148, 149, 406, 329 and 386 IPC. As per the allegations in the FIR, one Munni Devi was the owner of Plot No. 1342, W Block 2 Yojna Juhi Kala, Damodar Nagar, admeasuring 387 sq.ft.; that she appointed the complainant – Kaptan Singh as her power of attorney holder to take care of the said plot; that Munni Devi wanted to sell the said plot; that she entered into a registered agreement to sell with one Mamta Gupta – respondent no. 3 herein on 27.10.2010 for a total sale consideration of Rs.25,00,000/-; that at the time of agreement, the purchaser – Mamta Gupta handed over five cheques of Rs. 2 lakh each, drawn on ICICI Bank, Branch Govind Nagar, Kanpur; that Munni Devi presented one of the cheques no. 502314 dated 15.11.2010 in her bank and the said cheque was dishonoured “due to insufficient funds”; that when the cheque returned unpaid, Munni Devi contacted Mamta Gupta and then she informed her that her husband is suffering from kidney failure and facing financial problem and therefore she would not be able to purchase the said plot, however she is arranging money; that thereafter Mamta Gupta showed no interest for registration of sale deed and she informed Munni Devi not to present the cheques; that thereafter Munni Devi served a legal notice dated 02.01.2015 and 18.05.2015 through registered post; that after receiving notice dated 18.05.2015, Mamta Gupta showed no positive response, then Munni Devi appointed the complainant as a power of attorney holder on 05.08.2015. 2.2 It was alleged that thereafter when the complainant along with his friend Ram Pratap Singh went to the plot on 20.08.2015, at that time Mamta Gupta and her husband were present there along with three other persons outside the tin shed. The complainant told them that they have not paid the full consideration amount and had forcibly put lock on the room and requested them to open the said lock. At that time, Mamta Gupta and her husband told them that they had paid Rs. 2 lakhs and they will not open the lock till the time they will get Rs. 10 lakhs. It was alleged that all the persons abused the complainant by using filthy language relating to his mother and sister and pushed the complainant due to which he fell down and thereafter he was beaten with fist and Mamta Gupta, who was carrying knife like weapon, kept the edged part of it on his chest and gave a blank paper and threatened him to sign it, if not, then he will be killed and the complainant signed it. The complainant also produced the medical report. That thereafter after the completion of the investigation and after recording of the statement of the witnesses, statement of the complainant and after collecting the evidence from the place of incident and taking statement of independent witnesses and even the statement of the accused persons, after due enquiry and having satisfied that a prima facie case is made out against the accused for the offences under Sections 147, 148, 149, 406, 329 and 386 IPC, the investigating officer filed chargesheet no. 320/2015 dated 26.11.2015 against the private respondents herein for the aforesaid offences.

8.4 It is further submitted that as observed by the High Court even the original complainant has no locus to file the complaint as no power of attorney alleged to have been executed by Munni Devi was placed on record.

8.5 Making the above submissions, it is prayed to dismiss the appeal. 9 Heard learned Counsel for the respective parties at length. 9.1 At the outset, it is required to be noted that in the present case the High Court in exercise of powers under Section 482 Cr.P.C. has quashed the criminal proceedings for the offences under Sections 147, 148, 149, 406, 329 and 386 of IPC. It is required to be noted that when the High Court in exercise of powers under Section 482 Cr.P.C. quashed the criminal proceedings, by the time the Investigating Officer after recording the statement of the witnesses, statement of the complainant and collecting the evidence from the incident place and after taking statement of the independent witnesses and even statement of the accused persons, has filed the charge-sheet before the Learned Magistrate for the offences under Sections 147, 148, 149, 406, 329 and 386 of IPC and even the learned Magistrate also took the cognizance. From the impugned judgment and order passed by the High Court, it does not appear that the High Court took into consideration the material collected during the investigation/inquiry and even the statements recorded. If the petition under Section 482 Cr.P.C. was at the stage of FIR in that case the allegations in the FIR/Complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered. However, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the Court is required to consider the material/evidence collected during the investigation. Even at this stage also, as observed and held by this Court in catena of decisions, the High Court is not required to go into the merits of the allegations and/or enter into the merits of the case as if the High Court is exercising the appellate jurisdiction and/or conducting the trial. As held by this Court in the case of Dineshbhai Chandubhai Patel (Supra) in order to examine as to whether factual contents of FIR disclose any cognizable offence or not, the High Court cannot act like the Investigating agency nor can exercise the powers like an Appellate Court. It is further observed and held that question is required to be examined keeping in view, the contents of FIR and prima facie material, if any, requiring no proof. At such stage, the High Court cannot appreciate evidence nor can it draw its own inferences from contents of FIR and material relied on. It is further observed it is more so, when the material relied on is disputed. It is further observed that in such a situation, it becomes the job of the Investigating Authority at such stage to probe and then of the Court to examine questions once the charge-sheet is filed along with such material as to how far and to what extent reliance can be placed on such material.