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TMI Blog2008 (8) TMI 880X X X X Extracts X X X X X X X X Extracts X X X X ..... Subject: One Gorige Pentaiah s/o Bakkaiah of Uppal Village has come to our 3200 sq. yards of land in Sy. No. 80 of Peerjadiguda with his men at 11.30 in the night and demolished the wall and went away. You are requested to take action. Apart from that though on 27.5.2004 said Gorige Pentaiah s/o Bakkaia abused us with the name of our caste no action is taken against them. I am requesting you to take action against the said people. I am filing all xerox copies of documents to show my rights in the said land. Said Pentaiah obtained pass books and pahanies in his name illegally in respect of our land in Sy. No. 80 and has been harassing us. R.D.O. has stayed the said entries. You are requested to take action against the said pentaiah and his men who demolished the compounded wall of our plot. We are also afraid that they may come at any time and kill us. Said Pentaiah drove our security guards Ramulu and Sudhakar and demolished the wall. You are requested to take action against the said person. Sd/B.Eswar (Bakara Eswar) S/o Rajaiah Peerjadiguda Village, Ghatkesar Mandal, RR District. The appellant aggrieved by registration of the criminal case, invoked inherent powers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he complaint, no case under section 506 IPC can be sustained. Section 506 reads as under: Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both . Criminal intimidation has been defined in Section 503 which reads as under: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. It may be pertinent to mention here that respondent No. 3 had filed Civil Suit bearing O.S. No. 832 of 2004 for perpetual injunction against appellant on 14.5.2004. The suit was withdrawn on 19.7.2004 on the ground that due to personal problems the plaintiffs are not interested to continue the proceedings against the defendants as such they intends to withdraw the above as not pressed . Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. Inherent powers under section 482 Cr.P.C. though wide have to be exercised sparingly, carefully and with great caution and only when such exercise is justified by the tests specifically laid down in this section itself. Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the Court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the Statute. Discussion of decided cases Reference to the following cases would reveal that the courts have consistently taken the view that they must use this extraordinary power to prevent injustice and secure the ends of justice. The English courts have also used inherent power to achieve the same objective. It is generally agreed that the Crown Court has inherent power to protect its process from abuse. In Connelly v. DPP [1964] AC 1254, Lord Devlin stated that where particular criminal proceedings constitute an abuse of process, the court is empowered to refuse to allow the indictme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and criminal matters, to achieve a salutary public purpose. A court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. The court observed in this case that ends of justice are higher than the ends of mere law though justice must be administered according to laws made by the legislature. This case has been followed in a large number of subsequent cases of this court and other courts. In Chandrapal Singh Others v. Maharaj Singh Another (1982) 1 SCC 466, in a landlord and tenant matter where criminal proceedings had been initiated, this Court observed in para 1 at page 467 as under:- A frustrated landlord after having met his waterloo in the hierarchy of civil courts, has further enmeshed the tenant in a frivolous criminal prosecution which prima facie appears to be an abuse of the process of law. The facts when stated are so telling that the further discussion may appear to be superfluous. The court noticed that the tendency of perjury is very much on the increase. Unless the courts come down heavily upon such persons, the whole judicial process would come to ridicule. The court also observed that chagrined and frustrated lit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which would result in injustice and prevent promotion of justice. In exercise of the powers, court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. In Indian Oil Corporation v. NEPC India Ltd. Others (2006) 6 SCC 736, this court again cautioned about a growing tendency in business circles to convert purely civil disputes into criminal cases. The court noticed the prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders/creditors. The court further observed that any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged. The question before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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