- (1.) THE petitioner has prayed for quashing of the FIR, FIR No.237/2010, dated 13.12.2010, registered at Police Station Manoharpur, District Jaipur Rural for offences under Sections 420, 409 IPC.
(2.) IT is the case of the petitioner that the said FIR has been lodged on the basis of an inquiry carried behind the petitioner's back. The FIR was lodged by the Ramesh Kumar Jain, Assistant Engineer, Panchayat Samiti, Virat Nagar, District Jaipur. The learned counsel for the petitioner pleads that a bare perusal of the FIR would reveal that no offence under Sections 420, 409 IPC is made out. Moreover, according to the inquiry report, four labourer had not been paid their salary. However, the affidavits of Banshi, Vardhi Chand and Girdhari have been submitted before this Court, wherein they claimed that they were, in fact, paid by the petitioner who was the Sarpanch at that time. Lastly, the petitioner is not the only one who deals with the amount released by the Government, in fact, there are others. Therefore, the petitioner is not the person who has committed the offences under Sections 420 and 409 IPC. Heard the learned counsel for the parties and perused the FIR. A bare perusal of the FIR clearly reveals that according to Rakesh Kumar Jain, the complainant, who was the Assistant Engineer, after a thorough investigation it was discovered that certain offences were committed by the petitioner and others. According to inquiry report (annex-3), there are five different omissions recorded by the Inquiry Committee against the petitioner. Merely because three persons, mentioned above, have submitted their affidavits, it would not dilute the allegations made against the petitioner. It is, indeed, a settled position of law that the jurisdiction of this Court under Section 482 Cr.P.C., in quashing the FIR, is extremely limited one. Since the investigation happens to be the arena for the police, ordinarily, this Court does not interfere with the process of investigation. At best, this Court expects the Investigating Officer to carry out a fair and impartial investigation. Therefore, this Court is not inclined to quash and set aside the FIR, FIR No.237/2010, dated 13.12.2010, registered at Police Station Manoharpur, District Jaipur Rural for offences under Sections 420, 409 IPC. However, this Court directs the Investigating Officer to consider all the documents placed by the petitioner before him prior to deciding whether the charge-sheet is filed or not. With these observations, this petition is, hereby, disposed of.;