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TMI Blog2016 (8) TMI 1604X X X X Extracts X X X X X X X X Extracts X X X X ..... e deceased and the body was handed over to the relatives for performing last rites. (b) On 22.09.1999, the officer in-charge of the investigation, P.S. Mulana submitted a report being No. 26 stating that there was no sign of foul play in the occurrence. On the basis of the investigation, on 24.01.2000, a Final Report was submitted before the sub-Divisional Magistrate which got accepted on 19.02.2000. Simultaneously, a Court of Inquiry (CoI) was also convened to investigate into the alleged role of the appellant-accused but after completion of the Inquiry the case was finally closed on 25.07.2000. (c) After five years of the closing of the above case, a fresh First Information Report (FIR), being No. 194 dated 29.05.2005 was got registered by Shri Shashi Bhushan Sharma (Respondent No. 2 herein) - brother of the deceased against Manoj Sharma- appellant No. 1 herein, Heera Lal Sharma, Mahaveer Prasad Sharma and Smt. Hem Lata Sharma-the father, uncle and mother of the appellant No. 1 herein respectively at P.S. Bhillai Nagar, District Durg under Sections 304B, 498A and Section 34 of the Indian Penal Code, 1860 (in short 'the IPC'). (d) Being aggrieved by the filing of the FIR, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cond FIR or fresh investigation of any subsequent information in respect of the same cognizable offence. The investigation was carried out at Durg in Chhattisgarh and the deceased never resided at the said place after the marriage thus the court at Durg had no jurisdiction to proceed with the prosecution. Learned senior counsel finally contended that the present charge sheet is a sheer abuse of the process and has been filed without any basis on an FIR which was lodged after 5 (five) years that too on the basis of anonymous letters. (5) Per contra, learned counsel for the respondent-State submitted that no FIR was lodged at Mulana Police Station nor was there any investigation carried out into any allegation of commission of a cognizable offence, but upon receipt of information regarding death, the police had conducted inquiry under Section 174 of the Code and submitted a report to the sub-Divisional Magistrate. He further submitted that it is not a case where the police registered FIR, carried out investigation and submitted a report under Section 173 of the Code rather the case was closed stating that no offence was found to be committed and accepted by the court of competent ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e quarrel with the appellant No. 1 herein and she was found dead on the very same date. During investigation, the police at Durg found that she was actually subjected to cruelty in connection with the demand of dowry by her in-laws. The appellant No. 1 herein was arrested for the alleged involvement in the offence. Being aggrieved by the filing of the FIR, the appellant No. 1 herein filed a writ petition before the High Court which got dismissed as withdrawn vide order dated 04.04.2007. A fresh petition under Section 482 of the Code was also filed before the High Court wherein learned single Judge of the High Court, vide order dated 17.10.2011 dismissed the petition filed by the appellants herein while directing the police to complete the investigation speedily. Further, a petition was filed by the appellants herein for quashing of charge sheet and cognizance taken of the offence dated 03.09.2011 and 13.10.2011 respectively in Crime No. 194 of 2005 registered at P.S. Bhilai Nagar, District Durg which also got dismissed vide High Court's order dated 27.09.2012. 9) Learned senior counsel for the appellants submitted that the earlier or the first information in regard to the commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst information should be the starting point of any investigation by the police. The purpose of registering FIR is to set the machinery of criminal investigation into motion, which culminates with filing of the police report and only after registration of FIR, beginning of investigation in a case, collection of evidence during investigation and formation of the final opinion is the sequence which results in filing of a report under Section 173 of the Code. In George and Others vs. State of Kerala and Another (1998) 4 SCC 605, it has been held that the investigating officer is not obliged to investigate, at the stage of inquest, or to ascertain as to who were the assailants. A similar view has been taken in Suresh Rai and Others vs. State of Bihar (2000) 4 SCC 84. 11) In this view of the matter, Sections 174 and 175 of the Code afford a complete Code in itself for the purpose of "Inquiries" in cases of accidental or suspicious deaths and are entirely distinct from the "investigation" under Section 157 of the Code wherein if an officer in-charge of a police station has reason to suspect the commission of an offence which he is empowered to investigate, he shall proceed in person to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 173 of the Code was submitted. Therefore, challenge to impugned FIR under Crime No. 194 of 2005 registered by P.S. Bhilai Nagar could not be assailed on the ground that it was second FIR in the garb of which investigation or fresh investigation of the same incident was initiated. Territorial Jurisdiction: 13) Learned senior counsel for the appellants vehemently contended that the P.S. Bhilai Nagar, Durg had no territorial jurisdiction to investigate the matter alleging commission of offence under Sections 304B and 498A of the IPC because none of the part of the alleged offence was committed within the territorial jurisdiction of P.S. Bhilai Nagar, Durg. It is true that territorial jurisdiction also is prescribed under sub-section (1) of Section 156 to the extent that the officer can investigate any cognizable case which a court having jurisdiction over the local area within the limits of such police station would have power to enquire into or try under the provisions of Chapter XIII. However, sub-section (2) makes the position clear by providing that no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lace of enquiry or trial when it is uncertain in which of several local areas an offence was committed or where the offence was committed partly in one local area and partly in another and where it consisted of several acts done in different local areas, it could be enquired into or tried by a court having jurisdiction over any of such local areas. Hence, at the stage of investigation, it cannot be held that the SHO does not have territorial jurisdiction to investigate the crime. But after the investigation is over, if the officer arrives at the conclusion that the cause of action for lodging the FIR has not arisen within his territorial jurisdiction, then he will forward the case to the Magistrate concerned empowered to take cognizance of the offence. 14) In the instant case, the question of territorial jurisdiction was just one of the grounds for quashing the proceedings along with the other grounds and, therefore, the High Court should have examined whether the case was fit to be quashed on other grounds or not. Nandini Sharma committed suicide in her matrimonial home at Ambala. The information with regard to the said incident was forwarded to the Police Station Mulana, Distric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay in lodging of FIR 17) In the case on hand, after 5 (five) years of the closing of the above case under Section 174 of the Code, a fresh FIR being No. 194 of 2005 was registered on the basis of anonymous letters received by Respondent No. 2 herein - brother of the deceased at Durg under Sections 304B, 498A and Section 34 of the Code stating that the death of Nandini Sharma was a pre-planned murder. Even after the death of Nandini, the relations between the appellant No. 1 herein and his in-laws were cordial as can easily be seen from the evidence on record. Appellant No. 1 herein met his in-laws several times at Durg. Neither at the time of the death of Nandini nor before receiving of anonymous letters by Respondent No. 2 herein, was there any iota of doubt in the minds of the respondents with regard to the appellants herein. Even the father of the deceased never raised suspicion on the conduct of his son-in-law and only after receiving of the above said letters by Respondent No. 2, after a lapse of 5 (five) years, he gave his deposition that his daughter was subjected to cruelty for the demand of dowry on the hands of the appellants herein. 18) Delay in lodging the FIR often ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rative to discuss the scope of inherent power of the High Court under Section 482 of the Code. The appellants before us filed a petition under Section 482 of the Code for quashing of the FIR on the ground that the FIR was filed after a delay of 5 (five) years and is barred by territorial jurisdiction. The High Court, on the other hand, after taking note of the fact that the investigation is in the final stage in the matter and a charge sheet is ready to be filed before the Judicial Magistrate First Class, ordered for its continuance without taking into consideration that it is barred by law. The court at Durg did not take notice of the fact that there is a legal bar engrafted in the matter for its continuance and the proceedings have been maliciously instituted after a delay of five years with an ulterior motive for wreaking vengeance on the appellants. This point has been more clarified in State of Haryana and Others vs. Bhajan Lal and Others (1992) Supp (1) SCC 335, wherein this Court also stated that though it may not be possible to lay down any precise, clearly defined, sufficiently channelised and inflexible guidelines or rigid formulae or to give an exhaustive list of myriad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an expre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 CrPC to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice. 30. Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashment raised by an accused by invoking the power vested in the High Court under Section 482 CrPC: 30.1. Step one: whether the material relied upon by the accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality? 30.2. Step two: whether the material relied upon by the accused would rule out the assertions contained in the charges levelled against the accused i.e. the material is sufficient to reject and overrule the factual assertions contained in the complaint i.e. the materia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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