Indian Penal Code, 1860
Section 420—Offence of cheating—Petition filed under Section 482 of CrPC for quashing of FIR and all consequent proceedings emanating therefrom including three charge-sheets—Petitioners have been alleged to have engaged in deceptive practices wherein they had assumed the roles of Proprietor and Managing Editor of "Mastana Jogi" magazine following the demise of the complainant's father—Allegations suggest that petitioners had falsely declared themselves as the sole proprietors, editors, printers, and publishers, disregarding the rightful claim of complainant as the legal heir—It is the case of petitioner that since FSL report does not support the case of prosecution and is inconclusive, the petitioner should not undergo trial as there is no incriminating evidence against him—FSL report is corroborative evidence, and proceedings cannot be quashed solely on the ground that FSL report does not support the prosecution case—There is material on record, apart from the FSL report, that’ll have to be considered by the Trial Court to reach a conclusion as to whether a prima-facie case against the petitioners is made or not—Not a fit case for quashing of FIR—Petition dismissed.
[Paras 7 to 9 & 12]