Indian Penal Code, 1860
Sections 376D, 418 and 506—Quashing of proceedings by High Court with a direction to the investigating agency to submit a closure report—Appeal—High Court has taken external aid, comprising of material, the veracity whereof is yet to be determined—Opinion formed by the High Court, at such an early stage, is apparently premature so far as the main accused (second respondent) is concerned—Conversely, there are no cogent basis, even on acceptance of what the FIR alleges, as to how seventh respondent, in the very nature of things, can be said to have abetted the commission of alleged crime—High Court, seems to be justified in protecting her against the harassment of facing trial, as there is no convincing attribution made to connect her with the crime reported—As far as co-accused are concerned, the matter is remanded to the High Court, where parties will be at liberty to raise their respective contentions—Appeals allowed in part to the extent that investigation qua main accused is restored—Closure report is set aside and police authorities are directed to take the investigation to a logical conclusion—So far as seventh respondent is concerned, the impugned judgment of High Court, quashing the proceedings against her, is upheld—As regards the remaining four accused, the matter is remitted to the High Court to take a fresh call after giving an opportunity of being heard to the parties.
[Paras 9 to 11]