The learned counsel for the petitioner submits that the FIR has not disclosed any criminal offence and as such the same is required to be quashed. It has been alleged in the FIR that the petitioner threatened to kill Sri Akil Gogoi by his licenced Remington Fire-arm by making a facebook post which has been endorsed/ supported by some of his followers. The test to be applied for quashing the criminal proceeding at the threshold is whether the allegations made in the FIR or complaint taken at its face value and accepted in its entirety prima facie makes out any offence. If the allegations made in the FIR in its face value makes out any offence, the criminal proceeding cannot be quashed at the threshold. In the instant case it is submitted by the learned counsel for the respondents that the police has completed investigation and also submitted charge sheet against the petitioner. On perusal of the FIR, it cannot be said that the allegation made therein, prima facie did not make out the ingredience of the criminal offence. When the FIR prima facie discloses criminal offence and the police has also investigated the matter and submitted charge sheet against the petitioner, it is now for the Magistrate to scrutinize the materials placed before it and to take a decision whether to proceed with the case or not. This court, in a proceeding under Section 482 Cr.P.C., is not expected to scrutinise the record or the embark upon an enquiry as to the merit of the case.
