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2023 (1) TMI 1267 - SUPREME COURTSetting aside the criminal proceedings in exercise of the powers under Section 482, CrPC - offences under Sections 124A, 153A, 504, 505(1)(b) and 505(2) of the IPC in exercise of powers under Section 482, CrPC - HELD THAT:- From the impugned judgment and order passed by the High Court and the reasoning given by the High Court, it appears that the High Court has quashed the criminal proceedings as if the High Court was conducting the mini trial. The scope and ambiguity of powers to be exercised under Section 482, CrPC has been elaborately dealt with and considered by this Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. [2021 (4) TMI 1244 - SUPREME COURT]. Even otherwise, it is a settled position of law that while exercising powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the averments/allegations in the FIR prima facie discloses the commission of the cognizable offence or not. As per the settled position of law, it is the right conferred upon the Investigating Agency to conduct the investigation and reasonable time should be given to the Investigating Agency to conduct the investigation unless it is found that the allegations in the FIR do not disclose any cognizable offence at all or the complaint is barred by any law. Under the circumstances also, the impugned judgment and order passed by the High Court quashing and setting aside the criminal proceedings deserves to be quashed and set aside. The impugned judgment order passed by the High Court quashing the criminal proceedings is hereby quashed and set aside - Appeal allowed.
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