Court Refuses to Quash FIR; Affirms Limited Scope for Judicial Interference in Ongoing Investigations
In a significant ruling, the Madhya Pradesh High Court has dismissed the petition filed by Bablu Sen seeking the quashment of an FIR against him for allegedly enticing and abducting a minor child. The judgment, delivered by Justice Pramod Kumar Agrawal, underscores the limited scope of judicial intervention in quashing FIRs, particularly when prima facie evidence suggests the commission of a cognizable offence.
The case, registered as Misc. Criminal Case No. 55549 of 2024, revolves around allegations that Sen forcibly took a nine-year-old girl in his car without the consent of her legal guardian. The incident reportedly occurred on September 26, 2024, when the complainant sent her daughters to a local shop. The FIR was lodged on the basis of the victim's statement, corroborated by witnesses, leading to charges under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023.
Counsel for the petitioner argued that the case was fabricated due to prior enmity and lacked substantive evidence. However, the prosecution presented statements from the minor, recorded under Sections 161 and 164 of the Criminal Procedure Code, affirming the allegations against Sen. The court reiterated the guidelines established by the Supreme Court in landmark cases such as Neeharika Infrastructure and Bhajan Lal, emphasizing that FIR quashment should be a rare exception.
Justice Agrawal noted that the inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita or Section 482 of the Criminal Procedure Code should be exercised sparingly. The court should intervene only when the FIR does not disclose any offence or when the continuation of proceedings would amount to an abuse of the judicial process. In this case, the evidence was deemed sufficient to proceed with the trial.
The judgment highlights the judiciary's role in maintaining a balance between safeguarding individual rights and ensuring thorough investigations in criminal cases. It sends a strong message about the sanctity of investigative procedures and the cautious approach courts must adopt in quashing FIRs.
The ruling is expected to have broader implications for similar cases, reiterating the principle that courts should not impede police investigations unless absolutely necessary. The petition was thus dismissed, allowing the trial to proceed based on the evidence presented.
Bottom line:-
Quashment of FIR - Limited scope of interference under Section 528 of BNSS/482 Cr.P.C. - Court to ensure that allegations in FIR prima facie disclose commission of cognizable offence - Investigation should not be thwarted unless FIR does not disclose any offence or continuation of proceedings amounts to abuse of process of law.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 137(2), Criminal Procedure Code, 1973 Sections 482, 161, 164, 173
Bablu Sen v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2935979
