Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 480 - HC - Indian LawsQuashment of FIR registered against petitioner - offences under Sections 420, 463, 464, 467, 468 and 471 of IPC - interpolation of records - it was alleged that membership is tainted and Samiti has no alive legitimate member. Held that:- Even if the dispute in respect of membership attained finality till the State Government level (although writ petition is still pending) but in the civil dispute, the issues were different. Here the elements of mens rea is involved and the intention to cheat or to receive wrongful gains or act of forgery are to be seen. Both move in different arena and therefore, at this juncture it could not be conclusively mandated that no mens rea is involved, which otherwise, petitioner wants through this writ petition - Petitioner may produce all the documents before the Investigating Officer and may establish his part of truth and thereafter, Investigating Officer would decide on the basis of fact situation and documents available before him. Petitioner certainly has right of fair investigation for which Investigating Officer is duty bound to conduct the fair investigation. However, FIR at this juncture cannot be quashed. Parties are directed to cooperate in the investigation. No case for interference is made out for quashment of FIR - petitions dismissed.
|