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2022 (3) TMI 366 - HC - Companies LawMaintainability of petition - time limitation - false and frivolous complaint or not - appointing the persons as Directors of the company by submitting a forged document - Section 241 to 246 of Companies Act, 2013 - HELD THAT:- It is settled principal of law that the power under Section 482 Cr.P.C. is to be exercised sparingly not to smother the legitimate prosecution. The power has to be exercised with circumspection in the rarest of rare cases. The power of the police to investigate into a cognizable offence is ordinarily not to be interfered by the judiciary. The High Court should be extremely cautious and slow to interfere with the investigation/trial of criminal cases and should not stall the investigation or prosecution except when it is convinced beyond doubt that the FIR or charge sheet does not disclose commission of offence or prosecution is barred by law or it is necessary to interfere to prevent the abuse of process of the Court. The charge sheet would disclose that the police collected the evidence as per the record of Registrar of Companies, which was a statutory record. They also collected the e-mail given by A3 to the complainant wherein he admitted that he acted upon the instructions of A1. Thus, there was prima facie evidence collected by the investigating officer to prove the offences against the petitioners under Sections 406 and 420 IPC. The statements of the witnesses recorded also would prima facie prove the other offences. The truth or otherwise of these allegations can be decided only after a full-fledged trial. This Court ordinarily would not embark upon an enquiry whether the evidence in question is reliable or not or whether the accusations would be sustained or not. It was the function of the trial court. The inherent power under Section 482 Cr.P.C. should not be exercised to stifle a legitimate prosecution. Hence, it is considered not fit to quash the charge sheet against the petitioners. The petition is dismissed.
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