Punjab and Haryana High Court Upholds FIR Against Lawyer Impersonating Magistrate

The court emphasizes that quashing FIRs should be reserved for rare cases after thorough evidence evaluation, dismissing Parkash Singh Marwah's petition.

In a significant ruling by the Punjab and Haryana High Court, Justice Surya Partap Singh dismissed the petition of Parkash Singh Marwah, who sought to quash an FIR accusing him of impersonation as a Judicial Magistrate and obstructing a public servant. The court reiterated that quashing FIRs should only occur in the rarest cases and after proper scrutiny of evidence.

The FIR, lodged on May 19, 2024, by ASI Ajit Singh, reported that Marwah impersonated a magistrate during a traffic stop and obstructed police duties. Despite Marwah's claims of a vendetta due to his complaints against the Chandigarh Administration, the court found the allegations serious enough to warrant investigation.

Justice Singh highlighted that the court's extraordinary jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be exercised sparingly. He referred to principles laid down in landmark Supreme Court cases like "State of Haryana v. Bhajan Lal" and "Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra," reinforcing that FIRs should not be quashed without substantial grounds.

The court dismissed Marwah's arguments regarding mental incapacity as grounds for quashing, stating such pleas are only relevant during trial proceedings. The decision underscores the judiciary's stance on maintaining the integrity of legal processes and ensuring that accusations, especially involving public duties, are thoroughly investigated.

Bottom Line:

Quashing of FIR - Court held that quashing of FIR should only be exercised in rarest of rare cases and after proper evaluation of evidence. Principles laid down by the Supreme Court in cases like "State of Haryana v. Bhajan Lal" and "Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra" reiterated.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Sections 170, 419, 186, 84, Criminal Procedure Code Section 195.

Parkash Singh Marwah v. State of UT Chandigarh, (Punjab And Haryana) : Law Finder Doc Id # 2822044