Leave granted.
Our attention is drawn to the allegations made in First
Information Report (FIR) No. 158/2021 dated 20.07.2021 registered
with Police Station – Kanakapura Rural, Kanakapura Circle, District
– Ramanagara, Karnataka, for the offence(s) punishable under
Sections 420, 468, 465 and 471 of the Indian Penal Code, 1860.
We have also examined the reasoning given by the High Court
while quashing the aforesaid FIR.
In our opinion, the impugned judgment is unsustainable and
should be set aside. The High Court could not have prematurely
scuttled the entire investigation on the ground that the
complainant/appellant, D.B. Ravikumar, sought to prosecute
DigitallyRespondentsigned by No. 1, G.S. Suresh, primarily because he held the Deepak Guglani
SLP(Crl.) No. 14500/2024
untenable, particularly when the High Court itself acknowledged the
presence of certain irregularities. Once the FIR is registered, the
allegations made therein must be duly considered. Respondent no. 1,
G.S. Suresh, is required to address these allegations during the
course of the investigation. Therefore, as the FIR discloses the
commission of an offence, the High Court ought not to have quashed
it solely on the aforementioned ground.
The impugned judgment is accordingly set aside and the appeal
is allowed in the aforesaid terms.
We, however, clarify that the observations made in this order
may not be read as observations and findings on the merits of the
case or the allegations made in the FIR.
All pleas and contentions available to the parties, that is,
the appellant as well as respondent no. 1, G.S. Suresh, are left
open.
Pending application(s), if any, shall stand disposed of.
APRIL 17, 2025.