RAJJU ALIAS RAJKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners seek quashment of FIR in Crime No. 132/2002, of Police Station, Shahpura, Distt. Dindori, and a direction that the aforesaid crime be investigated by some independent agency.

(2.) BEFORE examining the facts, it would be useful to consider the legal position on the question under what circumstances and in what categories of cases the High Court can quash the FIR or a complaint, in exercise of powers under Article 226 of Constitution of India or under Section 482 of the Code of Criminal Procedure, are explained by Their Lordships of Supreme Court in State of Haryana v. Bhajanlal, reported in 1992 AIR SCW Page 237, the relevant portion runs as under: - - '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 channelised and inflexible guidelines or rigid formula and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.'

(3.) AS per FIR in aforesaid Crime No. 139/2002, of Police Station, Shahpura, Distt. Dindori, for offences punishable under Sections 452, 294, 506, 147 and 148 of the IPC are found registered gainst these petitioner on the following allegations, which form part of the First Information Report; - - .........[vernacular ommited text]...........