New Delhi: The Supreme Court has asked all High Courts to exercise caution while quashing first information reports (FIRs) and ensure that it is not done to stifle legitimate prosecution.

A Bench consisting of Justices Arijit Pasayat and Tarun Chatterjee said the courts' decision in exercise of the inherent powers under Section 482 of the Criminal Procedure Code must be based on sound principles. "The powers under Sec. 482 are very wide and the very plenitude of the power requires great caution in its exercise," the Bench said. "It is not permissible for the High Court to act as if it was a trial court."

Judgment quashed

The Bench was setting aside an Orissa High Court judgment quashing the FIRs filed against certain persons and preventing investigation. The High Court being the highest court of a State should refrain from giving a prima facie decision in a case in which facts were incomplete, more so when evidence had not been collected and produced.

It would not be proper for the High Court to analyse the case of the complainant to determine whether a conviction would be sustainable and on such premises conclude that the proceedings should be quashed.

"It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. When information is lodged at the police station and an offence is registered, the mala fides of the informant would be of secondary importance and cannot by themselves be the basis for quashing the proceedings. It is the material collected during the investigation and evidence let in court which decide the fate of the accused." Allowing an appeal by the State, the Bench directed further investigation of the FIRs.

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