Probe can't be thwarted by quashing FIR if prima facie case evident: SC

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Probe can't be thwarted by quashing FIR if prima facie case evident: SC - Business Standard

Quick Summary:

The Supreme Court has said when a First Information Report (FIR) alleges dishonest conduct by an accused and materials disclose commission of a cognisable offence then the investigation cannot be thwarted by quashing the FIR.

"Thus, when the FIR alleges dishonest conduct on the part of the accused which, if supported by materials, would disclose commission of a cognisable offence, the investigation should not be thwarted by quashing the FIR," the bench said in its verdict pronounced on October 14.

It further observed that while deciding if a criminal proceeding or an FIR should be quashed at the very threshold, the allegations in the FIR, including the materials collected during investigation, should be taken at face value to determine whether or not a prima facie case against the accused for investigation was made out.