Case Note & Summary
Appeal by special leave against the order of the Chhattisgarh High Court dismissing a petition to quash FIR No. 590 of 2019. The FIR was filed by the complainant, alleging trespass, demolition of property, and theft. The appellant challenged the FIR, claiming it was false and fabricated. After considering submissions, the Supreme Court quashed the FIR and subsequent proceedings under Article 142 of the Constitution of India. Appeal allowed, pending applications disposed of.
1. Legal Proceedings:
Previous attempts to quash the FIR through writ petition and Section 482 of CrPC were unsuccessful. Appeal filed challenging the High Court's order.2. Arguments by Appellant's Counsel:
Contention that the entire case is fabricated. Discrepancies in FIR and investigation reports. Allegations deemed vague and uncertain.3. Opposing Arguments:
State counsel opposes appellant's submissions. Asserts complainant had no motive to falsely implicate the accused. Affirmation of allegations during investigation.4. Court's Analysis:
No clear motive established for false implication. Discrepancies noted in FIR and investigation findings. Lack of evidence to support allegations.
Issue of Consideration: SHIVENDRA PRATAP SINGH THAKUR @ BANTI VS STATE OF CHHATTISGARH AND ORS.
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