LAWS(JHAR)-2017-2-141

RAM JANAM SINGH Vs. STATE OF JHARKHAND

Decided On February 22, 2017
RAM JANAM SINGH Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) In this application the petitioners have prayed for quashing the entire criminal proceeding including the FIR in connection with Sonari P.S. case no.68 of 2016, corresponding to G.R. No.894 of 2016 lodged under Sections 420, 465, 468 and 471 of the Indian Penal Code.

(2.) I have heard counsel for the petitioners, Additional Public Prosecutor and the counsel, who has appeared on behalf of the informant by filing Vakalatnama suo motu.

(3.) Since the matter relates to quashing of the FIR, it is not necessary to call for any affidavit from the side of the informant or the State. It is well settled proposition of law, that from bare perusal of a FIR, if any offence is made out, FIR cannot be quashed. Thus, this Court feels that there is no scope of calling for any affidavit in opposition from the informant or the State in these type of cases. The only document which is to be seen for deciding these type of cases is the FIR and nothing else. Thus, I am deciding the entire case solely after going through the FIR and I am not considering any other document attached with this application.