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Issues involved: Appeal against dismissal of petition under Section 482 of the Code of Criminal Procedure seeking quashing of orders dated 18th February 2003 and 9th November 2005, related to a criminal complaint under Sections 406 and 409 of the Indian Penal Code.
Summary: 1. Background: The Appellant, a statutory body, filed a criminal complaint against the Respondents for alleged offenses under Sections 406 and 409 of the Indian Penal Code. The complaint was dismissed in default by the Chief Judicial Magistrate, leading to subsequent dismissal of the application for restoration of the complaint. 2. High Court Decision: The High Court dismissed the petition under Section 482 of the Code, stating that dismissal in default of a private complaint amounts to acquittal of the accused, and since a statutory remedy exists against such an order, the petition cannot be entertained. 3. Appellant's Argument: The Appellant contended that the High Court erred in not exercising its jurisdiction under Section 482 of the Code, emphasizing the serious nature of the charges against the Respondents and the need for a trial on merits. Reference was made to previous court decisions supporting the Appellant's position. 4. Consideration by Supreme Court: The Supreme Court analyzed the scope of the High Court's inherent powers under Section 482 of the Code, emphasizing that these powers should be used to prevent miscarriage of justice or abuse of court processes. The Court found the High Court's decision to reject the petition based on the availability of an alternative remedy as indefensible. 5. Decision: The Supreme Court allowed the appeal, setting aside the impugned judgment and orders of the Chief Judicial Magistrate. The complaint was restored to the file of the Chief Judicial Magistrate for further proceedings, emphasizing the importance of securing the presence of the accused for a fair trial.
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