- (1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioner has moved the instant criminal revisional application for quashing of a First Information Report relating to offence punishable under Section 408 of the Indian Penal Code registered at Jagaddal Police Station.
(2.) Mr. Chittaranjan Panda, the Learned Counsel, appearing in support of this application for quashing vehemently urged that the impugned FIR is liable to be quashed for the following reasons; (a) The aforesaid FIR was lodged by making false allegations to deprive the petitioner from his legitimate dues. (b) No such occurrence took place as alleged. (c) Although, it is alleged the occurrence took place on 1st June, 2009, but complaint was lodged on 3rd June, 2009 in the evening. (d) Nothing was disclosed in the FIR how many accused persons were collected at the place of occurrence for removal of the motor cycle and other articles from the house of the defacto-complainant. (e) In fact the petitioner was working at the Nursing Home, viz., Nirupama Seva Sadan of which the defacto-complainant was the proprietor and as he left his job there and joined a new Nursing Home, the aforesaid complaint was lodged against him motivatedly. (f) The petitioner was actually appointed to work in the operation theatre but in addition to that job he was also forced to work at the laboratory and to collect sample of blood from door to door. When the petitioner repeatedly demanded for increase of his salary but as his demand was not fulfilled he has to leave his job. (g) The defacto-complainant has not paid his arrear salary and in order to deprive him from his legitimate claim lodged the FIR falsely. (h) The motor cycle in question is belonging to the petitioner which his father-in-law purchased for him. (i) The FIR was lodged violating the principles of natural justice and no reasonable opportunity was given to the petitioner to cross-examine the witness on the point of charges made against him. (j) The FIR is absolutely harrasive and mala fide.
(3.) I have given my anxious and thoughtful consideration to the submissions made by Mr. Panda, the Learned Counsel of the petitioner. This is a case for quashing of the First Information Report and it is well settled that a FIR can be quashed only when on the face of the allegations made in the FIR no offence is disclosed. Truth or falsehood of the allegations cannot be gone into at this stage. At this stage the question is not whether there was any truth in allegations made but whether on the basis of the allegations a cognizable offence has been made out or not.;