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TMI Blog2020 (11) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, was taken by Babu Khan, for purchasing a house and solemnising marriage of his daughter and this money was paid by the complainant from the amount obtained by sale of his house, situated at Delhi. Subsequently, money was demanded back, but, it was not paid back. This Court, in exercise of inherent power, under Section 482 of Cr.P.C., is not expected to make analytic analysis of factual aspects because the same is a question, to be gone into, during course of trial, by the Trial court. This Application, under Section 482 of Cr.P.C., merits dismissal and it stands dismissed. - APPLICATION U/S 482 No. 12724 of 2020 - - - Dated:- 3-11-2020 - Hon'ble Ram Krishna Gautam, J. For the Applicant : Jai Prakash Prasad For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I. Act, of Police Station Quarsi, District Aligarh, was filed in the court of Chief Judicial Magistrate, being Complaint Case No.12 of 2018, by Shamsher against Babu Khan, with this contention that both of them were under acquaintance. On 15.6.2015, Rupess Three Lakhs and Fifty Thousand and on 20.6.2017, Rupees Two Lakhs, in all Rupees Five Lakhs and Fifty thousand, was taken by Babu Khan, for purchasing a house and solemnising marriage of his daughter and this money was paid by the complainant from the amount obtained by sale of his house, situated at Delhi. Subsequently, money was demanded back, but, it was not paid back. Ultimately, a cheque, dated 24.11.2017, bearing no. 085984, of Account No.50394686687 of Allahabad Bank, for Rupees Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as sufficient ground for passing of impugned summoning order, as above, and the Magistrate was well within its jurisdiction to pass impugned summoning order. The factual aspect, being argued before this Court, is not to be seen by the Court, in exercise of its inherent jurisdiction, under Section 482 of Cr.P.C. Hence, under all above facts and circumstances, this Court, in exercise of inherent power, under Section 482 of Cr.P.C., is not expected to make analytic analysis of factual aspects because the same is a question, to be gone into, during course of trial, by the Trial court. Apex Court, in State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr. LJ 3844, has propounded that While exercisin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction. No formal application for invoking inherent jurisdiction is necessary. Inherent jurisdiction can be exercised in respect of substantive as well as procedural matters. It can as well be exercised in respect of incidental or supplemental power irrespective of nature of proceedings . Regarding prevention of abuse of process of Court, Apex Court, in the case of Dhanlakshmi v. R.Prasana Kumar, (1990) Cr LJ 320 (DB): AIR 1990 SC 494, has propounded To prevent abuse of the process of the Court, High Court, in exercise of its inherent powers under section 482, could quash the proceedings, but, there would be justification for interference only when the complaint did not disclose any offence or was frivolous vexatious or oppressive as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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