RAFIQ AHMEDBHAI PALIWALA versus THE STATE OF GUJARAT & ORS.

Citation: [2019] 4 S.C.R. 218 · Decided: 15-03-2019 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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RAFIQ AHMEDBHAI PALIWALA
v.
THE STATE OF GUJARAT & ORS.
(Criminal  Appeal No. 506 of 2019)
MARCH 15, 2019
[ABHAY MANOHAR SAPRE AND
DINESH MAHESHWARI, JJ.]
Code of Criminal Procedure, 1973 – s.482 – Petition u/s.482,
CrPC filed by respondent nos. 2 to 17 – High Court allowing the
same, quashed the FIR insofar it related to the offences punishable
u/ss.392, 395 and 397, IPC while upheld it insofar it related inter
alia to the offences punishable u/ss. 143, 147, 148 and 323, IPC –
Held: High Court erred in entertaining the petition filed by the
respondents and further erred in allowing it in part – No proper
investigation could be made by the Investigating Officer (IO) much
less concluded on the basis of the FIR lodged by the complainant
and before it could be brought to its logical conclusion, the impugned
order intervened resulting in quashing of the FIR itself in relation
to cognizable offences which were of more serious in nature than
the remaining ones which survived for being tried – Impugned order
set aside – IO to make proper investigation into the allegations
made in the original FIR lodged and after conclusion of the
investigation to file additional charge sheet in relation to any other
offences, if found made out.
Allowing the appeal, the Court
HELD: 1.1 The High Court erred in entertaining the petition
filed by respondent Nos. 2 to 17 under Section 482 of the Code
of Criminal Procedure, 1973 and further erred in allowing it in
part. No proper investigation could be made by the Investigating
Officer (IO) much less concluded on the basis of the FIR lodged
by the complainant and before it could be brought to its logical
conclusion, the impugned order intervened resulting in quashing
of the FIR itself in relation to cognizable offences which were of
more serious in nature than the remaining one which survived
for being tried. [Paras 9, 10][221-A, B]
[2019] 4 S.C.R. 218
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1.2  The High Court instead of quashing the FIR at such a
preliminary stage should have directed the IO to make proper
investigation on the basis of the FIR and then file proper charge
sheet on the basis of the material collected in the investigation
accordingly. It was,  however, not done.  It was more so because
the FIR did disclose prima facie allegations of commission of
concerned offences. The approach of the High Court, therefore
cannot be countenanced when it proceeded to quash the FIR
partly in relation to more serious offences (Sections 392, 395
and 397 IPC) without allowing the IO to make proper investigation
into its allegations.  [Paras 11, 12][221-C, D]
1.3 The impugned order is set aside. It is, however,
informed that pursuant to the directions issued by the High Court,
the charge sheet has been filed in relation to the minor offences,
which survived after quashing of the FIR. Be that as it may, the
IO shall now make full and proper investigation into the
allegations made in the original FIR lodged and after conclusion
of the investigation will file additional charge sheet in relation to
any other offences, if found made out. [Paras 13, 14][221-E, F]
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
506 of 2019.
From the Judgment and Order dated 11.12.2017 of the High Court
of Gujarat at Ahmedabad in Criminal Misc. Application No.29936 of
2017.
Pradhuman Gohil, Mrs. Taruna Singh Gohil, Himanshu Chaubey,
Ms. Tanvi Bhatnagar, Advs. for the Appellant.
Jesal Wahi, Ms. Hemantika Wahi, Ms. Vishakha, C.B. Gururaj,
K.P. Singh, Prakash Ranjan Nayak, Advs. for the Respondents.
 The Judgment of the Court was delivered by
ABHAY MANOHAR SAPRE, J. 1. Leave granted.
2. This appeal is directed against the final judgment and order
dated 11.12.2017 passed by the High Court of Gujarat at Ahmedabad  in
Criminal Misc. Application(for quashing & Set aside FIR) No.29936 of
2017 whereby the High Court allowed the said application filed by
respondent Nos.2-17 herein.
RAFIQ AHMEDBHAI PALIWALA v. THE STATE OF GUJARAT
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3. This appeal involves a short point as would be clear from the
facts stated infra.
4. By impugned order, the High Court, in exercise of its inherent
powers under Section 482 of the Code of Criminal Procedure,
1973(hereinafter referred to as “the Code”) allowed the petition filed by
respondent Nos. 2 to 17 herein  and quashed FIR being I-CR No. 67 of
2017 registered with the Gaekwad Haveli Police Station,
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