J&K High Court has ruled that while dealing with a petition filed under Section 482 of the Code of Criminal Procedure (Cr PC), court should refrain from making any prima facie decision at interlocutory stage.
“It is clear that the Court, while dealing with a petition filed under Section 482 of the Code of Criminal Procedure (Cr. P.C.), should refrain from making any prima facie decision at interlocutory stage when entire facts of the case are incomplete, hazy and more so, when material evidence is yet to be collected and issues involved could not be seen in their true and correct perspective,” a bench of Justice Ali Muhammad Magrey said.
One Reyaz Ahmad Khan had filed the petition under Section 482 of Cr. P.C and had sought quashing of an FIR registered by Police Station, Anti-Corruption Bureau, Srinagar under relevant section of erstwhile J&K Prevention of Corruption Act and Section 120-B of the Ranbir Penal Code (RPC), now IPC.
The moot question for consideration of the Court, in the instant petition was whether an FIR could be quashed in proceedings filed under Section 482 of (Cr. P.C.). The answer has to be in the negative, for, the remedy under Section 482 Cr.