Summary
In competing appeals over partial quashing of an FIR alleging fraudulent land transfers, the Court held that the High Court had improperly assessed disputed evidence as an investigator or appellate court. The complaints and FIR disclosed cognizable offences requiring investigation, so the entire quashing applications were dismissed without deciding the factual merits.
Issues
- Whether the High Court exceeded section 482 jurisdiction by resolving disputed factual matters and quashing only parts of an FIR disclosing cognizable offences.
Held
- At the FIR-quashing stage, the court examines whether the allegations and prima facie material disclose cognizable offences. It must not investigate, weigh disputed evidence or draw merits conclusions as an appellate court. (¶ 26–34)
- These complaints and the FIR disclosed prima facie cognizable offences. Investigation of the whole matter should proceed; the High Court’s partial quashing was unsustainable. (¶¶ 35, 38)
- The Court expressly left factual merits and disputed documents open, directing prompt, unbiased investigation without influence from earlier courts’ observations. (¶¶ 39–40, 43–44)
Result
Complainants’ appeals allowed, accused persons’ appeals dismissed and High Court judgment set aside. Accused persons’ section 482 applications dismissed in full; expeditious investigation directed without a merits determination.