Indian Penal Code, 1860 – Sections 147, 148, 307, 323, 451, and 506 – Quashing of FIR – Double Jeopardy -The petitioners contended that the FIR was based on false allegations and that they had already faced proceedings before the learned SDM, thus invoking the principle of double jeopardy.
The Court, after considering the submissions, held that the pendency of proceedings under Sections 107 and 145 of the CrPC did not amount to double jeopardy. It also noted that the police had registered the FIR based on an express order of the Magistrate under Section 156(3) of the CrPC, distinguishing it from a Bombay High Court precedent. The Court emphasized that the truthfulness or falsity of the FIR’s contents was not within the purview of the High Court’s jurisdiction under Section 482 of the CrPC. Referring to various Supreme Court decisions, the Court reiterated that the determination of the truthfulness of allegations and sufficiency of evidence is a matter for the trial court.
Consequently, the Court dismissed the petition, emphasizing that the FIR disclosed a cognizable offence, and its quashing was not permissible under the inherent power of the Court. The Court emphasized that the observations made in the judgment were limited to the disposal of the petition and did not affect the merits of the case. (Para 17-25)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 85 HP
[2024 HHC 708]
Suresh Kumar And Others Vs. State Of H.P. And Others
Cr. MMO No.838 of 2022-Decided on 26-02-2024
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