Delhi High Court Dismisses Petition to Quash FIR in Fake Email and Impersonation Case; Upholds Ongoing Investigation

In a significant judgment, the Delhi High Court has dismissed a petition seeking the quashing of FIR No. 171/2023, registered under various sections of the Indian Penal Code including 417/419/468/471/120B. The FIR involves allegations of creating fake email IDs and impersonation for filing false complaints against a government officer.

Justice Amit Sharma, presiding over the matter, observed, "The present case involves two versions – one of the petitioner and one of the complainant, which requires due investigation." This observation came in light of the complexities surrounding the allegations against the petitioner, A.V. Prem Nath, who is accused of conspiring to file false complaints against a Special Secretary in the Delhi Government.

The court meticulously reviewed the background of the case, where the complainant alleged that he was induced by the petitioner under the promise of employment, leading to the creation of false documents and emails. The investigation so far has revealed significant evidence, including phone records and email correspondence, suggesting the petitioner's involvement in the alleged crimes.

Highlighting the principles from various judicial precedents, the court stated, "The jurisdiction to exercise inherent powers under Section 482 of the CrPC for quashing an FIR has been the subject matter of various judicial precedents." The court emphasized that such powers should be exercised sparingly and only when justifiably warranted, which was not found to be the case here.

In an interesting turn, the court also delved into the legality of evidence procurement. Justice Sharma noted, "Evidence obtained as a result of illegal search or seizure is not liable to be shut out if relevant." This statement aligns with the court's stance of prioritizing the relevance and significance of evidence over the means of its acquisition.

The decision to dismiss the petition for quashing the FIR underlines the court's commitment to allowing the ongoing investigation to unfold. The court made it clear that its observations were not a comment on the merits of the case but rather a procedural stance, emphasizing the need for a thorough and fair investigation.

Date of Decision: 22 January, 2024

A.V. PREM NATH VS STATE (NCT OF DELHI)