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Judgment
7 paragraphs · 233 wordsHeard the parties.
This application has been filed for quashing of FIR dated 10.10.2018 arising out of Bodh Gaya P.S. Case No. 596 of 2018 instituted for the offence under Sections 341, 323, 324, 307, 354, 379, 427, 504/34 of I.P.C.
Informant in her written complaint has alleged that on 10.10.2018 at about 4:00 PM when she alongwith her husband and children were in the house, FIR named accused variously armed entered her house and abused and assaulted her and her husband, as a result of which her husband became unconscious and there is further allegation of snatching away the golden chain and cash.
On the basis of said written fardbeyan FIR No. 596 of 2018 dated 10.10.2018 was instituted and the case was handed over to S.I. for investigation and the case is still under investigation.
This Court under its inherent jurisdiction can quash the FIR only if from the reading of FIR, no criminal offence is made out, however, in present case, it cannot be said that FIR does not disclose any cognizable offence.
The investigation of a cognizable offence is the exclusive jurisdiction/domain of the police and Courts cannot interfere or scuttle the investigation of a cognizable case. Truthfulness or falsity of allegation is subject matter and outcome of investigation and same cannot be pre-judged by this Court.
The criminal miscellaneous petition is dismissed.