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2008 (6) TMI 625 - SC - Indian Laws

Issues involved: Challenge to order passed by a Single Judge of the Patna High Court dismissing application u/s 482 of CrPC, validity of order taking cognizance in Complaint Case No. 40 of 1994.

Summary:

Issue 1: Challenge to Order under Section 482 of CrPC
The appeals challenged the order passed by a Single Judge of the Patna High Court dismissing the application filed u/s 482 of CrPC. The petition questioned the validity of the order taking cognizance in Complaint Case No. 40 of 1994 pending in the Court of Judicial Magistrate, First Class, Patna City.

Details: The appellant, a member of a raiding party, along with others, was involved in a raid where Respondent 1 was arrested for theft of electricity. Respondent 1 later filed a complaint alleging illegal gratification demand by the appellant and another individual. The High Court's view was that the complaint was not timely and lacked specific details, leading to the question of abuse of process of the court.

Issue 2: Exercise of Power under Section 482 of CrPC
The judgment highlighted the inherent powers of the High Court u/s 482 of CrPC, emphasizing the need for caution and specific circumstances for exercising such powers to prevent abuse of the court's process and secure the ends of justice.

Details: The judgment cited the importance of preventing abuse of process and ensuring justice. It outlined categories of cases where inherent power can be exercised, such as lack of legal evidence or when allegations do not constitute an offense. The court must not interfere with the trial judge's function and should exercise discretion judiciously.

Conclusion:
The proceedings were deemed mala fide and an abuse of the legal process, falling under Category (7) of Bhajan Lal case. The appeals were allowed, and the proceedings in Complaint Case No. 40 of 1994 were quashed by the Supreme Court.

 

 

 

 

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