Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 10.07.2023
Pronounced on: 12.07.2023
+ CRL.M.C. 3427/2019 & CRL.M.A. 31301/2019
ISH BHATNAGAR ..... Petitioner
Through: Dr. Adish C. Aggarwala, Senior
Advocate with Mr. Kuldeep
Jauhari, Ms. Nandini Aggarwal,
Ms. Ekta Mudgil, Mr. Gaurav,
Advocates.
versus
STATE & ANR. ..... Respondents
Through: Mr. Manoj Pant, APP for the
State with SI Nagendra
Kumar,P.S. H. Nizamuddin.
Mr. Vignaraj Pasayat, Advocate
for R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.
1. The instant petition under Section 482 of the Code of Criminal
Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioner
seeking quashing of FIR bearing No. 141/2014, registered at Police
Station Hazrat Nizamuddin, Delhi for the offences punishable under
Section 420 of the Indian Penal Code, 1860 („IPC‟) and all consequent
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Signed By:ZEENAT
PRAVEEN
Signing Date:17.07.2023
13:25:06
proceedings emanating therefrom including three charge-sheets dated
06.06.2015, 23.02.2016 and 03.09.2016.
2. Brief facts of the present case are that the complainant, Mr. Rajiv
Bhatnagar had alleged that his late father, J.P Bhatnagar, was the
rightful proprietor of "Mastana Jogi" magazine, but his younger brother,
Sh. Ish Bhatnagar (the accused/petitioner), had falsely claimed
proprietorship and started operating the magazine with forged
documents. It was further alleged that this act was unlawful as his
father had died without leaving a will, and thus, the complainant, being
the legal heir, had an equal right to the proprietorship. The complainant
presented evidence of his father's illness and treatment, asserting that he
was incapable of signing or executing any documents at the time.
Subsequently, the present FIR was registered, and during the
investigation, witnesses were examined, relevant documents were
seized, and the accused was interrogated. Charge sheets were filed
against the accused under Sections 420/468/471 IPC, with the Forensic
Science Laboratory (“FSL”) result and further investigation details
were submitted separately.
3. Learned senior counsel for the petitioner states that the FSL
report is inconclusive, and lacks the backing of authentic documents. It
is further stated that the FSL report is premised upon xerox copies, and
not the original documents. It is stated that the FSL report in this case
does not support the prosecution story. It is, therefore, stated that the
petitioner should not undergo trial in absence of any incrimination
evidence against him. Further, while drawing attention of this court
towards „Annexure-G‟, learned senior counsel states that the petitioner
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PRAVEEN
Signing Date:17.07.2023
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had lodged a complaint against the respondent no. 2 prior to him filing
the present FIR.
4. Learned APP for the state, on the other hand, states that there are
other materials on record, including statements of the witnesses, apart
from the FSL report, which prove that accused is prima facie guilty of
the offence mentioned in the chargesheet.
5. Learned counsel for respondent no.2, in relation to complaint
filed by petitioner, i.e. „Annexure-G‟, states that the said complaint had
culminated into a closure report, against which the protest petition filed
by the petitioner had also been dismissed and against the said order of
dismissal, a revision petition is pending before the concerned court.
6. I have heard arguments on behalf of both the parties and have
perused the material on record.
7. After hearing arguments and considering material on record, this
court is of view that in the present case, the petitioners have been
alleged to have engaged in deceptive practices wherein they had
assumed the roles of Proprietor and Managing Editor of "Mastana Jogi"
magazine following the demise of the complainant's father. These
allegations suggest that the petitioners had falsely declared themselves
as the sole proprietors, editors, printers, and publishers, disregarding the
rightful claim of the complainant as the legal heir. Furthermore, the
petitioners have been accused of making false representations and
forging documents. During the course of the investigation, the
complainant and other witnesses were examined, and the accused was
interrogated. Some relevant original documents and photocopies of
documents were seized. As per prosecution, the letters placed on record,
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Signed By:ZEENAT
PRAVEEN
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which are purported to be in the name of Sh. J.P. Bhatnagar, are not
authentic. It is further claimed, relying on evidence, that the father of
the complainant was suffering from such illness, that he was incapable
of signing or executing any documents at that time. Further, one Sh.
Raheesh Ahmed had testified that he had previously supplied the
petitioner with blank signed bills amounting to Rs. 17,000/- and Rs.
20,000/- which according to prosecution is false and fabricated.
8. In the present case, it is the case of the petitioner that since FSL
report does not support the case of prosecution and is inconclusive, the
petitioner should not undergo trial as there is no incriminating evidence
against him. In this regard, it is noted that FSL report is corroborative
evidence, and proceedings cannot be quashed solely on the ground that
FSL report does not support the prosecution case.
9. Thus, as observed in the preceding paras, that there is material on
record, apart from the FSL report, that‟ll have to be considered by the
learned Trial Court to reach a conclusion as to whether a prima- facie
case against the petitioners is made or not.
10. Recently, the Hon‟ble Apex Court in Neeharika Infrastructure v.
State of Maharashtra, 2021 SCC OnLine 315, has analysed the
precedents and culled out the relevant principles that govern the law on
quashing of an FIR under Section 482 of the Cr.P.C. It has been held as
under:
"...57. From the aforesaid decisions of this Court, right from the
decision of the Privy Council in the case of Khawaja Nazir Ahmad
(supra), the following principles of law emerge:
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i) Police has the statutory right and duty under the relevant
provisions of the Code of Criminal Procedure contained in
Chapter XIV of the Code to investigate into cognizable offences;
ii) Courts would not thwart any investigation into the cognizable
offences;
iii) However, in cases where no cognizable offence or offence of
any kind is disclosed in the first information report the Court will
not permit an investigation to go on;
iv) The power of quashing should be exercised sparingly with
circumspection, in the „rarest of rare cases‟. (The rarest of rare
cases standard in its application for quashing under Section 482
Cr.P.C. is not to be confused with the norm which has been
formulated in the context of the death penalty, as explained
previously by this Court);
v) While examining an FIR/complaint, quashing of which is
sought, the court cannot embark upon an enquiry as to the
reliability or genuineness or otherwise of the allegations made in
the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial
stage; vii) Quashing of a complaint/FIR should be an exception
and a rarity than an ordinary rule;
viii) Ordinarily, the courts are barred from usurping the
jurisdiction of the police, since the two organs of the State operate
in two specific spheres of activities. The inherent power of the
court is, however, recognised to secure the ends of justice or
prevent the above of the process by Section 482 Cr.P.C.
ix) The functions of the judiciary and the police are
complementary, not overlapping;
x) Save in exceptional cases where non-interference would result
in miscarriage of justice, the Court and the judicial process should
not interfere at the stage of investigation of offences;
xi) Extraordinary and inherent powers of the Court do not confer
an arbitrary jurisdiction on the Court to act according to its whims
or caprice; xii) The first information report is not an
encyclopaedia which must disclose all facts and details relating to
the offence reported. Therefore, when the investigation by the
police is in progress, the court should not go into the merits of the
allegations in the FIR. Police must be permitted to complete the
investigation. It would be premature to pronounce the conclusion
based on hazy facts that the complaint/FIR does not deserve to be
investigated or that it amounts to abuse of process of law. During
or after investigation, if the investigating officer finds that there is
no substance in the application made by the complainant, the
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Signed By:ZEENAT
PRAVEEN
Signing Date:17.07.2023
13:25:06
investigating officer may file an appropriate report/summary
before the learned Magistrate which may be considered by the
learned Magistrate in accordance with the known procedure;
xiii) The power under Section 482 Cr.P.C. is very wide, but
conferment of wide power requires the court to be cautious. It
casts an onerous and more diligent duty on the court; xiv)
However, at the same time, the court, if it thinks fit, regard being
had to the parameters of quashing and the self-restraint imposed
by law, more particularly the parameters laid down by this Court
in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the
jurisdiction to quash the FIR/complaint; and xv) When a prayer
for quashing the FIR is made by the alleged accused, the court
when it exercises the power under Section 482 Cr.P.C., only has
to consider whether or not the allegations in the FIR disclose the
commission of a cognizable offence and is not required to
consider on merits whether the allegations make out a cognizable
offence or not and the court has to permit the investigating
agency/police to investigate the allegations in the FIR..."
11. The guidelines for quashing of criminal proceedings have been
laid down by the Hon‟ble Supreme Court in State of Haryana v.
Crl
Bhajan Lal 1992 SCC ( ) 426 , which are extracted herein-under for
reference:
"..102. In the backdrop of the interpretation of the various relevant
provisions of the Code under Chapter XIV and of the principles of
law enunciated by this Court in a series of decisions relating to the
exercise of the extra-ordinary power under Article 226 or the
inherent powers Under Section 482 of the Code which we have
extracted and reproduced above, we give the following categories of
cases by way of illustration wherein such power could be exercised
either to prevent abuse of the process of any Court or otherwise to
secure the ends of justice, though it may not be possible to lay down
any precise, clearly defined and sufficiently channelized and
inflexible guidelines or rigid formulae and to give an exhaustive list
of myriad kinds of cases wherein such power should be exercised…”
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Signed By:ZEENAT
PRAVEEN
Signing Date:17.07.2023
13:25:06
12. When the present case is tested on the anvil of the principles laid
down by the Hon'ble Apex Court in Bhajan Lal (supra) and Neeharika
Infrastructure (supra), this Court cannot come to a conclusion that the
allegations against the petitioner are absurd in nature or improbable or
that the offence as alleged could not have taken place. On the basis of
the facts & circumstances of the case and the material available on
record, this Court does not find it a fit case for quashing of FIR.
13. In the present case, the arguments on charge are yet to be heard
and charges are yet to be framed. Needless to say, the petitioner will be
at liberty to raise all these contentions as raised before this court, before
the learned Trial Court which shall be dealt with as per law.
14. In view thereof, the present petition stands dismissed along with
pending application.
15. Nothing expressed herein will tantamount to any expression on
merit of the case during trial.
16. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
JULY 12, 2023/ns
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Signed By:ZEENAT
PRAVEEN
Signing Date:17.07.2023
13:25:06