Direction for quashing of proceedings, after conducting mini trial, not justified, because, while exercising powers of quashing, High Court has to consider only the nature of accusations and allegations in the FIR and whether the averments/allegations in the FIR prima facie disclosed the commission of cognizable offence or not. Held, When a prayer for quashing the FIR is made by the alleged accused, the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether or not the allegations in the FIR disclose the commission of a cognizable offence and is not required to consider on merits whether the allegations make out a cognizable offence or not and the court has to permit the investigating agency/police to investigate the allegations in the FIR.” Even otherwise, it is a settled position of law that while exercising powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the averments/allegations in the FIR prima facie discloses the commission of the cognizable offence or not. Under the circumstances, the impugned judgment and order passed by the High Court, which is just contrary to the decision of this Court in M/s Neeharika Infrastructure Pvt. Ltd (supra) and the other decisions on the points, is unsustainable. It is also required to be noticed that in the present case without giving any reasonable time to the Investigating Agency to investigate the allegations in the FIR, the High Court has, in haste, quashed the criminal proceedings. The FIR came to be lodged on 09.12.2021, immediately, on the very next date, the quashing petition was filed and within a period of four days i.e. 14.12.2021, the impugned judgment and order has been passed and the criminal proceedings are quashed. As per the settled position of law, it is the right conferred upon the Investigating Agency to conduct the investigation and reasonable time should be given to the Investigating Agency to conduct the investigation unless it is found that the allegations in the FIR do not disclose any cognizable offence at all or the complaint is barred by any law. Under the circumstances also, the impugned judgment and order passed by the High Court quashing and setting aside the criminal proceedings deserves to be quashed and set aside.

[State v. M. Maridoss, (2023) 4 SCC 338]

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