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TMI Blog2020 (3) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... inherent power of the High Court. In the facts and circumstances as noticed above, no sufficient ground, for quashing the proceedings is made out. No interference by this Court, in exercise of inherent jurisdiction under Section 482 Cr.P.C., is warranted in the present case. Application dismissed. - Application U/S 482 No. - 7074 of 2008 - - - Dated:- 14-2-2020 - Dinesh Pathak, J. For the Applicant : Sumit Srivastava,A.K. Srivastava For the Opposite Party : Govt. Advocate,H.K. Rai ORDER List revised. None appears for the applicant as well as on behalf of opposite party no. 2. Learned A.G.A. for the State is present. The instant application under Section 482 Cr.P.C. has been filed for quashing of the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was also rejected by the Revisional Court vide order dated 12.02.2007 and the matter was remanded to the trial court. Thereafter, vide order dated 12.12.2007 the Chief Judicial Magistrate, Mau has issued non-bailable warrant against the present applicant. It is evident from the record that the order dated 12.02.2007 passed by the Revisional Court and the non-bailable warrant dated 12.12.2007 passed by the Chief Judicial Magistrate, Mau has not been challenged in the present application. Apart from that the learned trial court has passed the summoning order dated 09.08.2011 after considering the allegations made in complaint and the statement made by complainant under Section 200 of Cr.P.C. One Arvind Rai has also made his statement unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apex Court propounded In exercising jurisdiction under Section 482 High Court would not embark upon an enquiry whether the allegations in the complaint are likely to be established by evidence or not. In the case of Hamida v. Rashid, (2008) 1 SCC 474, Hon'ble Apex Court propounded that Ends of justice would be better served if valuable time of the Court is spent in hearing those appeals rather than entertaining petitions under Section 482 at an interlocutory stage which after filed with some oblique motive in order to circumvent the prescribed procedure, or to delay the trial which enable to win over the witness or may disinterested in giving evidence, ultimately resulting in miscarriage of Justice . In another subsequent Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cess of any court . In the recent judgment the Apex Court in Mohd. Allauddin Khan vs. State of Bihar and Others reported in 2019 (6) SCC 107 has held that the High Court had no jurisdiction to appreciate the evidences of the proceedings under Section 482 Cr.P.C. because where there are contradictions or the inconsistencies in the statement of the witnesses, is essentially an issue relating to appreciation of evidences and the same can be gone into by the Judicial Magistrate during trial, when the entire evidence is adduced by the parties. In the facts and circumstances as noticed above, no sufficient ground, for quashing the proceedings of Criminal Case No. 1775 of 2004 (Old No. 1696 of 2001), is made out. No interference by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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