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TMI Blog2008 (3) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... ure, 1973 (in short the 'Cr.P.C.'). A prayer was made before learned Sessions Judge, Patna to quash the proceedings in Criminal Revision No. 817 of 2001. Learned S.D.J.M., Patna in Pirbahore PHB Case No. 120 of 2000 had rejected the prayer of discharge made by the aforesaid respondents. The prayer was made in terms of Section 239 Cr.P.C. 3. Background facts in a nutshell are as follows: Appellant was married to respondent No. 3 Rajesh Kumar on 1.7.1998. Alleging that she was being harassed and tortured both mentally and physically for having not met the dowry demands, complaint was made alleging commission of offences punishable under Section 498A of the Indian Penal Code, 1860 (in short the 'IPC') and Sections 3 & 4 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Ors. 1992CriLJ527 held that the present case is a clear example of malafide where the proceedings have been maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite them due to private and personal grudge. Reference has been made to the matrimonial case stating that the same was filed earlier to the lodging of the FIR. 4. In support of the appeal learned Counsel for the appellant submitted that the parameters for exercise of jurisdiction under Section 482 Cr.P.C. have not been kept in view by learned Single Judge, further he lost sight of the fact that the Matrimonial Case No. 49 of 2000 was dismissed long before the disposal of the case before the High Court. The matrimonial suit was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncedere videtur id sine quo res ipsa esse non potest" (when the law gives a person anything, it gives him that without which it cannot exist). While exercising the 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 the 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 CrPC, 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 should not be an instrument of oppression, or, needless harassment. The 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any offence and make out a case against the accused. (4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an 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 Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n would be sustainable and on such premises arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. When an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in the court which decides the fate of the accused person. The allegations of mala fides against the informant are of no consequence and cannot by themselves be the basis for quashing the proceedings. [See Dhanalakshmi v. R. Prasanna Kumar AIR1990SC494a , State of Bihar v. P.P. Sharma 1991CriLJ1438 , Rupa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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