SANJEEV PRAKASH SHARMA,J. - (1.) By way of this Criminal Misc. Petition, counsel for the petitioner is challenging the FIR and prays to quash the entire proceedings on the ground that the allegations levelled against the petitioner are factually false and submits that from the photographs of the site and C.D., it is apparent that a false case has been registered against the petitioner and therefore, FIR should be quashed.
(2.) I have considered the contentions.
(3.) In Tilly Gifford vs. Michael Floyd Eshwar and Anr. "(2018) 11 SCC 205", three Judges Bench of the Supreme Court has held as under:- "We have extracted the aforesaid findings (which clearly appear to be against the respondent-accused) only to highlight the fact that the statements on which reliance has been placed have been appreciated by the Inquiry Officer and conclusions have been drawn and reached, which fact would be suggestive of an imminent requirement of appreciation of materials to be unravelled by a proper investigation so as to arrive at the necessary findings on the core issue i.e. the legal existence of a valid F.I.R. However, taking into account the fact that the inquiry was conducted pursuant to the order of the High Court to unravel the truth surrounding the lodging of the F.I.R. and was not a step in the investigative process which, in any case, has been interdicted by the High Court by the impugned order, we do not consider it prudent to come to one conclusion or the other with regard to the said findings. However the findings of the inquiry would clearly indicate that a large volume of material facts surrounding the lodging of the F.I.R. and its authenticity needs to be investigated and the truth unravelled. But this is what has been interdicted by the High Court. In the above situation, we find ourselves unable to agree with the view taken by the High Court. On the contrary, we are of the opinion that the F.I.R. in question should be fully investigated in accordance with law and thereafter further legal consequences as may be warranted should be allowed to take effect. We order accordingly and direct the completion of the investigation within sixty days from today, whereafter steps in accordance with law will follow." ;