Supreme Court: No Absolute Rule That High Court Cannot Interfere In Section 482 CrPC Petition If Investigation Is At Preliminary Stage

The Supreme Court in the case Kulandaisamy And Anr Versus State Represented By Its Inspector Of Police And Anr observed and has held that there being no absolute rule that the High Court cannot interfere with the petition filed under Section 482 Code of Criminal Procedure, CrPC if the investigation is at a primary stage.

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The bench comprising of Justice AS Oka and Justice Ujjal Bhuyan was hearing the present matter.

The Madras High Court order was challenged before the court, wherein the court refused to quash the First Information Report, FIR which is registered against the petitioner under the offence of misappropriation of funds of the trust named Coimbatore Education Foundation for their personal use.

The complainant registered a criminal case against the petitioner for allegedly collecting a total fee for an amount of Rs. 4,30,00,000/- from students in the name of the trust.

The High Court in the impugned order observed that there appears to be some material for the investigation in order to proceed but on the other hand, the court also observed that the issue involved in the present matter was of a civil nature.