TMI Blog2023 (4) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... owers under Section 482 for quashing the F.I.R. very rarely if a case is made out for quashing. No good ground for quashing the F.I.R. is made out, though the learned senior counsel had tried to submit that the prosecution was malicious. This application is dismissed with liberty to the petitioners to raise all the grounds before the Investigating Officer as earlier directed on 3rd April, 2023 and if, the petitioners are aggrieved by the outcome of the investigation, the petitioners have all the liberty to take steps in law for redressal of his grievances. It is expected that the investigation is concluded expeditiously by the Investigating Agency. This Court is not giving any time frame for concluding the investigation as the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed asking for money on the pretext of encroachment removal and compensating farmers; and also on the pretext of returning the money after receipt of the same from NHAI. The accused persons allegedly asked for Rs. 4 crore and they would also ask for 3.5% extra on bills. Further, the works of M/S Rawat Associates JV had been going well but due to such laxity of the accused persons, the works of the Associates was brought to a halt. It is further alleged that the accused persons have stopped the salary of the M/S Rawat Associates JV. It has also been alleged that the accused persons have cheated and extracted money from NHAI in the name of maintenance of road of 16 KM which has not even been constructed. It is also alleged that the accused per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incipal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or no coercive steps to be adopted , during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India and in what circumstances and whether the High Court would be justified in passing the order of not to arrest the accused or no coercive steps to be adopted during the investigation or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of/not entertaining/not quashing the criminal proceedings/complaint/FIR in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India, our final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court and the judicial process should not interfere at the stage of investigation of offences; (xi) Extraordinary and inherent powers of the Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice; (xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cise of powers under under Section 482 Cr.P.C. and/or under Aticle 226 of the Constitution of India. However, an interim order of stay of investigation during the pendency of the quashing petition can be passed with circumspection. Such an interim order should not require to be passed routinely, casually and/or mechanically. Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or no coercive steps to be adopted and the accused should be relegated to apply for anticipatory bail under Section 438 Cr.P.C. before the competent court. The High Court shall not and as such is not j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In these circumstances, this application is dismissed with liberty to the petitioners to raise all the grounds before the Investigating Officer as earlier directed on 3rd April, 2023 and if, the petitioners are aggrieved by the outcome of the investigation, the petitioners have all the liberty to take steps in law for redressal of his grievances. It is expected that the investigation is concluded expeditiously by the Investigating Agency. This Court is not giving any time frame for concluding the investigation as the matter relates to commercial transactions and it may take some time for investigation. The interim protection granted to the petitioners by various orders of this Court are hereby vacated. Any observations made in this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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