Summary
The Supreme Court reversed partial quashing of an FIR concerning robbery and dacoity offences. The FIR contained prima facie allegations of those offences, but proper investigation had not been permitted to run its course. Although a charge sheet had already been filed for the surviving lesser offences, the investigating officer was directed to investigate the original allegations fully and file an additional charge sheet for any further offences found made out.
Issues
- Whether partial quashing of the serious offences before proper investigation was justified.
Held
- On this FIR, prima facie allegations disclosed the offences in question. Quashing them before proper investigation was premature; the officer should have been allowed to investigate and report on the collected material. (¶ 9–12)
- The intervening charge sheet for lesser offences did not prevent full investigation of the original allegations. Any additional charge sheet depended on further offences actually being found made out, and the investigation was to remain independent of judicial observations. (¶ 14–15)
Result
Appeal allowed; partial-quashing order set aside. Full investigation of the original FIR and additional charge sheet if warranted directed within an outer limit of three months.