1996 (1) TMI 478 - SC - Indian Laws

Summary

Issues involved: Appeal against quashing of cognizance under Section 414 of the Indian Penal Code by the Patna High Court.

Details of the Judgment:

Issue 1: Jurisdiction of High Court under Section 482 of the Code of Criminal Procedure
The State contended that the High Court exceeded its jurisdiction under Section 482 by evaluating evidence and concluding no prima facie case existed. It was argued that the power under Section 482 should be used sparingly and only in cases of abuse of court process. Conversely, the respondent's counsel argued that the High Court was justified in quashing cognizance as the materials did not establish an offence under Section 414.

Issue 2: Exercise of Inherent Power under Section 482
The Supreme Court emphasized that the inherent power under Section 482 should be used cautiously, especially when the allegations in the FIR or complaint, along with investigation materials, do not constitute the alleged offence. The Court highlighted that the power should not be used to weigh evidence at the stage of cognizance, but rather to determine if a cognizable offence is disclosed.

Issue 3: Examination of Material and Conclusion
Upon reviewing the charge sheet and FIR, the Court found that the High Court had erred in appreciating evidence and concluding no offence was made out under Section 414. The Supreme Court held that the High Court exceeded its jurisdiction by quashing the cognizance, as the allegations in the FIR and materials in the charge sheet did establish an offence. Consequently, the High Court's order was quashed, and the Magistrate was directed to proceed with the trial against the respondent.

In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's order and instructing the Magistrate to continue with the trial against the respondent.