TMI Blog2014 (11) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... plainant are true or not. Hence the investigation should, have been allowed to continue so that on filing of the report Under Section 173 Code of Criminal Procedure the affected party could pursue its remedy against the report in accordance with law. Keeping in view the fact that the criminal case was at the stage of investigation by the Police the High Court was not justified in holding that the investigation of the impugned FIR is totally unwarranted and that the same would amount to gross abuse of the process of court. The impugned order of the High Court under appeal is set aside. The appeal stands allowed. - Hon'ble Judges M.Y. Eqbal and S.K. Singh, JJ. For the Appellant : H.D. Thanvi, Adv. for Sarad Kumar Singhania, Adv. For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l report submitted by the Investigating Officer and by placing reliance solely upon such report obtained from the IO, the High Court passed the order under appeal and quashed the FIR and all related proceedings. 4. In view of the nature of the proposed order this Court has purposely avoided to go into the factual details and controversy between the parties. 5. This would prevent prejudice to the Appellant as well as to the accused persons in future because after hearing the parties we are of the firm view that the order of the High Court is not in accordance with law and in the facts of the case no interference should have been made with the investigation by the Police by quashing the FIR. 6. It has been rightly submitted by the learned Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused also pointed out that there was some delay in lodging the complaint and that created further suspicion in the mind of the High Court, leading to an inference recorded in the order that permitting the investigation to continue is unwarranted as the same would amount to gross abuse of the process of Court. 10. We have no hesitation in holding that in the facts of the case, the High Court was not justified in interfering with the Police investigation and quashing the FIR. This is not at all a rare case. Without thorough investigation, it is not possible or proper to hold whether allegations made by the complainant are true or not. Hence the investigation should, have been allowed to continue so that on filing of the report Under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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