Facts of the Case

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The petitioner sought quashing of FIR No. 184/2023, registered at Police Station Jai Narayan Vyas Colony, Bikaner, for offences under Sections 420, 467, 468, 471 and 120-B IPC, invoking the High Court's inherent powers under Section 482 Cr.P.C. The FIR had been lodged only ten days before the matter was heard, and the factual/status report placed before the Court showed that investigation was still at a nascent stage — only the complainant's statement had been recorded so far, and other documents were yet to be collected, including from the GST Department.

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Issues Involved

  1. Whether an FIR disclosing cognizable offences should be quashed under Section 482 Cr.P.C. at a stage when investigation has barely begun.

Petitioner's Arguments

  • The FIR and the allegations therein did not warrant continuation and ought to be quashed at the threshold.

Respondent's Arguments

  • The FIR discloses commission of cognizable offences on a bare perusal, and investigation, including collection of records from the GST Department, was still at an early stage.

Court Order / Findings

  • The Court held that while exercising powers under Section 482 Cr.P.C., it is not required to examine the genuineness or truthfulness of the FIR's allegations, nor to conduct a roving inquiry at that stage.
  • Noting that only ten days had passed since registration of the FIR and that investigation — including collection of documents from the GST Department — was still at an embryonic stage, the Court declined to quash the FIR.
  • The petition was dismissed, with liberty granted to the petitioner to renew his prayer for quashing once investigation concludes.

Important Clarification

The reference to the GST Department here is purely incidental — it is simply one source of documents the investigating agency intended to collect as part of a cheating and forgery investigation. No GST-law question was raised, argued, or decided; the ruling turns entirely on the settled principle that courts exercise restraint in examining FIRs for quashing before investigation has meaningfully progressed.

Sections Involved

  • Code of Criminal Procedure, 1973 — Section 482 (inherent powers of the High Court)
  • Indian Penal Code, 1860 — Sections 420, 467, 468, 471 and 120-B

Decision – In Favour of

Disposed of against the petitioner — the quashing petition was dismissed, with liberty to renew the prayer after investigation concludes.

Case Details

  • Court: High Court of Judicature for Rajasthan at Jodhpur
  • Case No.: S.B. Criminal Misc. (Pet.) No. 2397/2023
  • Coram: Justice Farjand Ali
  • Date of Order: 12.05.2023

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