Criminal Procedure Code, 1973
Section 482—Quashing of FIR declined by High Court—Appeal—FIR registered under Sections 376, 323 and 354(A) of IPC and Sections 7 and 8 of the POCSO Act—Victim has not furnished any information in regard to the date and time of the commission of the alleged offence—Investigation has been completed and charge-sheet is ready to be filed—Although allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences, yet the appellants should prefer discharge application before the trial court under Section 227 of the CrPC—Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the CrPC or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely—In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines—Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to initiation/registration of the case as well as the materials collected in the course of investigation—Appeal disposed of with liberty to appellants to prefer discharge application under Section 227 of CrPC before the trial court. [Indian Penal Code, 1860, Sections 376, 323 and 354(A) and Sections 7 and 8 of the POCSO Act]
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