SC says probe can’t be thwarted by quashing FIR
New Delhi: The Supreme Court has said when a First Information Report (FIR) alleges dishonest conduct by an accused and materials disclose commission of a cognisable offence then the investigation cannot be thwarted by quashing the FIR.
A bench of Justices JB Pardiwala and Manoj Misra said it was trite law that an FIR was not an encyclopedia of all imputations.
It further observed that while deciding if a criminal proceeding or an FIR should be quashed at the very threshold, the allegations in the FIR, including the materials collected during investigation, should be taken at face value to determine whether or not a prima facie case against the accused for investigation was made out. “Thus, when the FIR alleges dishonest conduct on the part of the accused which, if supported by materials, would disclose commission of a cognisable offence, the investigation should not be thwarted by quashing the FIR,” the bench said in its verdict pronounced on October 14.
The top court’s decision came on an appeal filed by one Somjeet Mallick, who had challenged the February 1 order of the Jharkhand High Court, which quashed an FIR against an accused.
Mallick alleged that his truck was in possession of the accused since July 2014, however, its rent, including arrears amounting to Rs 12.49 lakh, had not been paid.
The bench noted the allegations in the FIR, which stated that the accused took Mallick’s truck on hire between July 14, 2014 and March 31, 2016 on a monthly rent of Rs 33,000, but did not continue paying the rent after the first month despite false assurances.
“The allegation that rent was not paid by itself, in ordinary course, would presuppose retention of possession of the vehicle by the accused. In such circumstances as to what happened to that truck becomes a matter of investigation,” it said.
It said that existence of “mens rea” (criminal intent) was a question of fact which may be inferred from the act in question and the surrounding circumstances apart from the accused’s conduct.
