SUNIL PATEL Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashment of the FIR registered against the petitioner vide crime No.279/2015 for commission of offence punishable under Section 7 of Prevention of Corruption Act read with Section 120-B of the Indian Penal Code.

(2.) From perusal of the record, it is clear that the investigation is complete and the prosecution is likely to file charge-sheet against the petitioner. In our opinion, at this stage, it would not be proper to quash the FIR because in pursuance to the registration of FIR, the prosecuting agency conducted investigation and as per the record, the investigation is complete and prima facie, from perusal of the FIR, it cannot be said that no offence is made out against the petitioner. However, the petitioner is at liberty to file appropriate proceedings, after filing of the charge-sheet, in a proper forum or he can raise all the grounds at the time of framing of charge. He can very well convince the Court that no case is made out against him for alleged commission of offence. Hence, in our opinion, it would not be just and proper to quash the FIR at this stage.

(3.) With the aforesaid observations, the petition filed by the petitioner under Section 482 of the Code of Criminal Procedure is disposed off.