Criminal Procedure Code, 1973
Section 482—Quashing of FIR and protection from arrest—Offence of cheating—FIR registered under Sections 406, 420, 504 and 506 of IPC and Sections 3(2)(va) and 3(1)(r) of the SC & ST (Prevention of Atrocities) Act—Thrust of case against petitioner/a senior advocate is that he induced third respondent to pay rupees seven crores stating that the same will be paid to the Judges of the High Court and in exchange of a favourable judgment will be delivered—As no favourable judgment was delivered the amount was not returned, third respondent lodged the complaint—Question as to whether a complainant who is a party to an illegal agreement can maintain an action under the criminal law for non-performance of such an agreement and allege cheating—Criminal proceedings are maintainable, even if the complainant was a party to an illegal agreement—Though third respondent agreed to pay rupees seven crores to the petitioner for an illegal purpose i.e. to bribe the Judges of the High Court, a criminal complaint, at his instance, against the petitioner is maintainable—As the offences under SC & ST Act were alleged against petitioner, he has no remedy under Section 438 of CrPC—High Court in exercise of its power under Section 482 of CrPC deems it fit to protect petitioner from arrest—Allegations levelled against the petitioner are grave—Certain claims made by third respondent are highly exaggerated—Conduct of third respondent in participation of the illegal act alleged against petitioner raises suspicions about his bona fides—Matter require investigation—Court directed the Investigating Officer in the subject crime to conduct investigation on certain aspects—As the investigation is pending, the FIR cannot be quashed—Petitioner is protected from arrest till filing of final report.
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