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TMI Blog1994 (5) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... de by her husband parents-in-law and four other members of her husband's family. On that information a case was registered and on completion of investigation Police submitted charge sheet against all of them on December 31, 1990. Aggrieved thereby all the accused persons, except the appellant's husband, filed a petition in the Punjab and Haryana High Court on July 14, 1991 seeking exercise of its inherent powers under Section 482 Cr.P.C. for quashing the F.I.R. and the proceeding arising therefrom. By the time the petition came up for hearing before the High Court, the Additional Chief Judicial Magistrate, Ludhiana had taken cognizance upon the charge sheet and, after hearing the parties, framed charges under Sections 406 and 498-A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n State of West Bengal and Ors. v. Swapan Kumar Guha and Ors., 1982 Cri LJ 819. Their Lordships observed therein that once an offence is disclosed, an investigation into the offence must necessarily follow in the interest of justice. If, however, no offence is disclosed, an investigation cannot be permitted, as any investigation, in the absence of any offence being disclosed, will result in unnecessary harassment to a party, whose liberty and property may be put to jeopardy for nothing. 4. The High Court then quoted into extenso from the judgment in Swapan Kumar Guha's case and laid particular emphasis on the following passage: If, on the other hand, the Court on consideration of the relevant materials is satisfied that no offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution and the accused of being heard. If on such consideration, examination and hearing the Magistrate finds the charge groundless he has to discharge the accused in terms of Section 239 Cr.P.C; conversely, if he finds that there is ground for presuming that the accused has committed an offence triable by him he has to frame a charge in terms of Sections 240 Cr.P.C. 7. If charges are framed in accordance with Section 240 Cr.P.C. on a finding that a prima facie case has been made out - as has been done in the instant case - the person arraigned may, if he feels aggrieved, invoke the revisional jurisdiction of the High Court or the Sessions Judge to intend that the charge sheet submitted under Section 173 Cr.P.C. and documents sent with it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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