LAW FOR ALL

No - Quash Sec.482 Cr.P.C. - Section 420/120B IPC - High court misapplied the law and quashed the FIR - Having no title, the accused induced the complainant and extracted a sum of Rs. 5,00,001/- from the complainant with an intention not to transfer the land infavour of complainant - Apex court held that The averments in the complaint would prima facie make out a case for investigation by the authority.The High Court has adopted a strictly hypertechnical approach and such an endeavour may be justified during a trial, but certainly not during the stage of investigation. At any rate it is too premature a stage for the High Court to step in and stall the investigation by declaring that it is a civil transaction wherein no semblance of criminal offence is involved. The appellant, is therefore right in contending that the First Information Report should not have been quashed in this case and the investigation should have been allowed to proceed. We, therefore, allow this appeal and set aside the impugned order.= Mosiruddin Munshi … Appellant(s) versus Md. Siraj and another … Respondent(s) = 2014 (May.Part) http://judis.nic.in/supremecourt/filename=41537