STATE OF PUNJAB Vs. DHARAM SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against an order of the High court allowing a petition under S. 482 Criminal Procedure Code and quashing the first information report registered against the respondents and the proceedings taken in pursuance thereof. The order of the high. court cannot be sustained because the police authorities are enjoined by law to register a case and conduct investigation wheneverinformation is laid regarding the commission of cognizable offences. As such the quashing of a first information report will amount to restraining the police authorities from performing the duties enjoined upon them by law. The High court has not been unaware of this position because it has stated in its order as follows:

(2.) The High court has, however, not confined its scrutiny to the averments contained in the first information report but has traversed beyond and examined the case in the light of the contentions put forth by the respondents in their petition under S. 482 Criminal Procedure Code. By indulgence in such exercise the High court has come to the conclusion that the second respondent Cooperative Society cannot be termed a dealer of the alleged adulterated fertilizer distributed to its members because there was no sale involved in the transaction, that for the same reason the second respondent Society was not bound to obtain a Registration Certificate for selling fertilizer and furthermore the alleged sale of adulterated fertilizer was itself open to serious doubt because of conflicting analysis reports issued by the Chemical analyst regarding the fertilizer and hence the emergent position is that the first information report does not disclose the commission of cognizable offences. Thus what the High court has done is to go far beyond the contents of the first information report and enter into a discussion on the merits of the case before the Investigating Agency had conducted investigation and collected evidence.

(3.) The appeal is, therefore, allowed and the order of the High court is set aside. The first information report will stand restored to file and further investigation will be proceeded with in accordance with law.