Reliability Or Genuineness Of Allegations Made In FIR/Complaint Cannot Be Gone Into While Exercising Jurisdiction U/Sec 482 CrPC: Supreme Court

The Supreme Court observed that while exercising jurisdiction under Section 482 of Criminal Procedure Code, a High court cannot embark upon any enquiry as to the reliability or genuineness of allegations made in the FIR/complaint.

The powers under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious, the bench comprising Justices MR Shah and BV Nagarathna said.

In this case, the allegation against certain public servants who were occupying crucial positions in Bhubaneswar Development Authority and in the Housing and Urban Development Department, Government of Odisha was that they surreptitiously distributed prime plots in Commercial Complex District Centre, Chandrasekharpur, Bhubaneswar. It was alleged that all the accused persons have committed the offences under Section 120B IPC and Section 13(2) read with Section 13(1)(d) of the 3 Prevention of Corruption Act, 1988. Allowing their petition filed under Section 482 CrPC, the Orissa High Court quashed the FIR.

In appeal, the Apex Court bench noted that, in the instant case, the allegations are an instance of abuse of the powers with a mala fide intention and allotment of the plots to the family members by hatching a criminal conspiracy and to allot the plots to the family members at throw away price causing loss to the B.D.A. and the public exchequer. The court observed:

6.2 It is trite that the power of quashing should be exercised sparingly and with circumspection and in rare cases. As per settled proposition of law while examining an FIR/complaint quashing of which is sought, the court cannot embark upon any enquiry as to the reliability or genuineness of allegations made in the FIR/complaint. 14 Quashing of a complaint/FIR should be an exception rather than any ordinary rule. Normally the criminal proceedings should not be quashed in exercise of powers under Section 482 Cr.P.C. when after a thorough investigation the chargesheet has been filed. At the stage of discharge and/or considering the application under Section 482 Cr.P.C. the courts are not required to go into the merits of the allegations and/or evidence in detail as if conducing the mini­trial. As held by this Court the powers under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the Court.

The court observed that if a public servant abuses his office whether by his act of omission or commission, and the consequence of that is injury to an individual or loss of public property, an action may be maintained against such public servant.

While quashing the criminal proceedings the High Court has not at all adverted to itself the aforesaid aspects and has embarked upon an enquiry as to the reliability and genuineness of the evidence collected during the investigation as if the High Court was conducting the minitrial, the court said while allowing the appeal and setting aside the High Court judgment.

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