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TMI Blog1991 (10) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Shylendra Kumar, learned Central Government standing counsel for the respondents, submits that the ingredients of the offences punishable under section 420 read with section 120B, IPC, have been made out in the complaint. The Department felt that the main idea of the petitioners was to cheat the Department in making an attempt to escape from payment of tax amounting to the tune of rupees ten lakhs. He further submits that if the complaint is read as a whole, it is clear that a case has been made out, merely because the wordings as mentioned in the Indian Penal Code are not mentioned in the complaint and that itself is not sufficient to contend that no prima facie case has been made out. He further submits that this court can quash either FIR or investigation only under exceptional and extraordinary circumstances. The present proceedings are not of that type. In support of this contention, he relied upon the decision of the Supreme Court in State of Bihar v. Murad Ali Khan, AIR 1989 SC 1, wherein it is held as follows (headnote) : "Where it was alleged in the written complaint filed by the Range Forest Officer that the accused person shot and killed an elephant in particular Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners for the offences made out unmindful of the fact that some of the offences are cognizable and some are non cognizable. For this proposition, Sri Shylendra Kumar relies upon decision of this court in State of Karnataka v. Kallappa Yallappa Goni, ILR 1986 Kar 1225. He also submits that this court can exercise its inherent powers under section 482, Criminal Procedure Code, only when it is required to correct any order passed under the Criminal Procedure Code or to prevent abuse of the process of the court or to secure the ends of justice. According to him, in the instant case, none of the above three ingredients is made out. Hence, the request of the petitioners to set aside the proceedings is neither tenable nor reasonable. As an answer to these contentions, Sri Acharya, learned counsel for the petitioners, submits that, if the entire complaint is read, there is nothing to indicate that the petitioners have committed any of the offences as alleged. The complaint reads as follows : " Credible information has been received to the effect that S-1 to S-3 who are partners/directors of South Eastern Roadways, Bangalore, entered into a criminal conspiracy with S-4 who is a re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin the meaning of this section. " Section 420, IPC, reads thus: " 420. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. " According to Sri Acharya, if the averments made in the complaint and the words used in the above sections are compared and understood properly, the conclusion will be that the averments made in the complaint fall short of the requirements as provided under sections 415 and 420, IPC. Hence, the request of Sri Acharya is to quash the proceedings. On a perusal of the allegations made in the complaint and the requirements in sections 415 and 420, IPC, the conclusion will be that the complaint does not make out a prima facie case to proceed with the case. The next point is whether this court will be justified in quashing the proceedings at the stage of investigation. Section 482, Crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arily it would not be open to any party to invoke the High Court's inherent jurisdiction and contend that on a reasonable appreciation of the evidence the accusation made against the accused would not be sustained. Broadly stated that is the nature and scope of the inherent jurisdiction of the High Court under section 561A in the matter of quashing criminal proceedings, and that is the effect of the judicial decisions on the point." While interpreting section 482, Criminal Procedure Code, read with article 226 of the Constitution, the Supreme Court in State of West Bengal v. Swapan Kumar Guha [1983] 53 Comp Cas 114 ; AIR 1982 SC 949, held that whether an offence has been disclosed or not must necessarily depend on the facts and circumstances of each particular case. If on a consideration of the relevant materials, the court is satisfied that an offence is disclosed, the court will normally not interfere with the investigation into the offence and will generally allow the investigation in the offence to be completed for collecting materials for proving the offence. If, on the other hand, the court on a consideration of the relevant materials is satisfied that no offence is discl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted was clearly an abuse of the process of the court. It was not a case where any process ought to have been directed to be issued against the accused (appellants). On the well-settled principles of law it was a very suitable case where the criminal proceeding ought to have been quashed by the High Court in exercise of its inherent power. The dispute raised by the respondent was purely of a civil nature even assuming the facts stated by him to be substantially correct. " Apart from the decisions of the Supreme Court referred to above, this court in C. N. Seetaram v. State of Karnataka [1988] ILR 3 Kar 2053 ; [1988] 2 Kar LJ 310, 315, explaining the scope of section 482, Criminal Procedure Code, held thus : " Where, within the limits of the exercise of the statutory power, the police, in cognizable offence, takes up investigation under section 157, Criminal Procedure Code, the High Court will refrain from interfering in the course of investigation. There are exceptions to this broad principle of law as laid in various decisions. For instance where the facts in the FIR themselves do not constitute any cognizable or non-cognizable offence and if the police proceed to register a ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; (iii) The First Information Report is quite frivolous and vexatious in that prima facie no cognizable or non-cognizable offence has been made out (iv) (a) Interference under section 482, Criminal Procedure Code, is required to correct any order passed under this code, or, (b) to prevent an abuse of the process of the court, or (c) to secure the ends of justice. Keeping the above principles laid down by this court as well as by the Supreme Court, if the complaint is read as a whole, the only conclusion that could be arrived at is that the proceedings initiated are vague, vexatious and unreasonable and the result of non-application of mind on the part of the Department to the provisions of section 120B read with sections 415 and 420, IPC, because, there is neither fraud played nor inducement made so as to make the Department part with any property for the benefit of the petitioners. When it is said that the complaint itself is the result of vague and baseless allegations coupled with non-application of mind to the provisions of the Act upon which the Department relies, it has to be said that any investigation pursuant to such a complaint is a misconceived one and, if such proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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