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| Petition for quashment of FIR in rape case rejected | | | Early Times Report
Jammu, May 7: Justice Sanjay Kumar Gupta of the J&K High Court, while dismissing a petition filed by one Narinder Kumar seeking quashment of FIR in a rape case, observed that no legislative enactment dealing with procedure can provide for all cases which may possibly arise.
"Under section 561-A Cr.P.C., High Court does not conduct a trial or appreciate evidence or act as a court of appeal or revision. This power has to be exercised sparingly with circumspection and in the rarest of rare cases.
While exercising powers under Section 561-A of the Cr. P.C., the court has to keep in mind that it should not ordinarily embark upon any legal investigation conducted in case of cognizable offence," the court observed.
"In present case, all the grounds taken in petition are pertaining to appreciation of facts, which this court cannot appreciate in petition u/s 561-A Cr.P.C. All the pleas raised and those as have been argued with regard to petitioner no.1 may be good for discharge, but not for quashment of investigation, which has culminated into report under section 173 Cr.P.C, in which offence under section 376 RPC has been proved against Narinder Kumar." |
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