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2013 (7) TMI 1162 - SC - Indian Laws

Issues Involved:
1. Quashing of FIR u/s 482 CrPC.
2. Delay in Investigation.
3. Exoneration in Departmental Inquiry.

Summary:

Issue 1: Quashing of FIR u/s 482 CrPC
The Appellant challenged the Rajasthan High Court's refusal to quash FIR No. 10/2000 lodged against him u/s 409 IPC at Police Station, Dausa. The Supreme Court noted that the High Court had disposed of the petition u/s 482 CrPC without interfering with the FIR, leaving the matter to the authorities.

Issue 2: Delay in Investigation
The Appellant had been under investigation for over 13 years due to non-availability of documents. Despite repeated requests, the original records were not produced, leading the police to file a final report in 2000 citing insufficient evidence. The CJM, Dausa, directed re-investigation u/s 156(3) CrPC, but no progress was made for nine years. The Supreme Court emphasized the need for speedy investigation and trial as mandated by Article 21 of the Constitution.

Issue 3: Exoneration in Departmental Inquiry
A departmental inquiry for the same charges resulted in the Appellant's exoneration in 2008. The Inquiry Officer's report indicated that no evidence was found against the Appellant. The Supreme Court referenced the case of P.S. Rajya v. State of Bihar, noting that if charges could not be established in departmental proceedings, it is unlikely they could be proved in a criminal trial where the standard of proof is higher.

Conclusion:
The Supreme Court held that the High Court should have exercised its power u/s 482 CrPC to quash the FIR. The prolonged delay in investigation, lack of evidence, and the Appellant's exoneration in the departmental inquiry warranted quashing the FIR. The appeal was allowed, and FIR No. 10/2000 was quashed.

 

 

 

 

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