9911796707
TMI Blog2009 (4) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... Prohibition Act, 1995 read with Section 109 of the Indian Penal Code, 1860 (in short the `IPC'). The Petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the `Code'). 3. In support of the appeals, learned Counsel appearing for the State of Andhra Pradesh submitted that the High Court's approach is clearly erroneous. These are not cases where there was no material to show the commission of a crime. Whether there was adequate material already in existence or which could have been collected during investigation and their relevance is essentially a matter of trial The High Court was not therefore justified in quashing the FIR. The exercise of power under Section 482 of the Code is clearly indefensi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t without which it cannot exist). While exercising powers under the Section, the Court does not function as a court of appeal or revision. Inherent jurisdiction under the Section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the Section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of process of the court to allow any action which would result in injust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial Judge. Judicial process no doubt should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the hands of a private complainant to unleash vendetta to harass any person needlessly. At the same time the Section is not an inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a non-cognizable offence, no investigation is permitted by a Police Officer without ah 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 the grievance of the aggrieve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it and conclude that the complaint cannot be proceeded with. In proceeding instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or acquittal. The complaint/F.I.R. has to be read as a whole. If it appears t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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