Madhya Pradesh High Court Denies Quashing of FIR Against Government Officer in Alleged Forgery Case

Court Rules Prima Facie Evidence Justifies Investigation Continuation; Reiterates Limits on Inherent Powers under Section 482 CrPC

In a significant ruling, the Madhya Pradesh High Court has refused to quash an FIR against Satya Prakash Sharma, a Class-II Gazetted Officer, who was implicated in an alleged forgery case aimed at defaming a journalist. The application filed under Section 482 of the Criminal Procedure Code (CrPC) was dismissed by Justice Milind Ramesh Phadke, affirming the role of prima facie evidence in justifying the continuation of the investigation.

The FIR, lodged by journalist Dharamveer Kushwah, alleged that Sharma was involved in dispatching forged postal articles that contained false complaints impersonating the complainant. These articles were sent with the intent to damage Kushwah's reputation and harm his journalistic integrity. The investigation, supported by CCTV footage and witness statements, linked the dispatch of these articles to Sharma's private driver, Ajay Salunke, while mobile location evidence placed Sharma near the post office at the relevant time.

Sharma's counsel argued for the quashing of the FIR, citing a lack of direct evidence and claimed the mobile location was not substantial enough to warrant prosecution. They further contended that the case was a retaliatory action stemming from a prior defamation suit filed by Sharma against Kushwah.

However, the court, relying on established precedents such as "State of Haryana v. Bhajan Lal," emphasized that the inherent powers under Section 482 CrPC are extraordinary and should be exercised sparingly. Justice Phadke noted that the FIR and the subsequent investigation disclosed a prima facie commission of cognizable offences under Sections 465 and 469 of the Indian Penal Code, relating to forgery and forgery for the purpose of harming reputation.

The court highlighted that at the stage of quashing, it is not appropriate to delve into the sufficiency of evidence or conduct a mini-trial. The allegations in the FIR, corroborated by digital evidence and witness accounts, were deemed adequate for the investigation to proceed.

This decision underscores the judiciary's cautious approach in using inherent powers to quash criminal proceedings, ensuring that investigations are not prematurely stifled without due process. The trial court has been directed to proceed with the case independently, without prejudice from the High Court's observations.

Bottom Line:

Quashing of FIR under Section 482 of CrPC cannot be allowed when prima facie material discloses commission of cognizable offences.

Statutory provision(s): Section 482 CrPC, Section 465 IPC, Section 469 IPC

Satya Prakash Sharma v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2796503