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2006 (6) TMI 535

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..... e facts and circumstances of the case, the High Court may refuse to entertain the writ petition or petition under Section 482 of Criminal Procedure Code by observing that the appropriate remedy is to file revision in such case before the Sessions Court. 3. The preliminary objection to the maintainability of this writ petition under Article 227 of the Constitution of India read with Section 482 of Criminal Procedure Code (Cr.P.C.), has been raised in view of the decision of this Court in V.K. Jain and Ors. v. Pratap V. Padode and Anr 2005(3)MhLj778 and Saket Gore and Ors. v. Aba Dhavalu Bagul and Anr. 2005 All. M.R. (Cri.) 2514 wherein this Court (Single Judge) after considering the various judgments of the Apex Court and the High Courts .....

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..... of offence of cheating under Sections 406, 409 and 418 of Indian Penal Code (I.P.C.). The Apex Court in M/s Zandu Pharmaceuticals (supra) in para 8 reiterated the purpose and object of availing Section 482, Criminal Procedure Code which is reproduced as under: Exercise of power under Section 482 of the Code in a case of this nature is the exception and not the rule. The section does not confer any new powers on the High Court. It only saves the inherent power which the Court possessed before the enactment of the Code. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of Court and (iii) to otherwise secure the .....

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..... ade to abuse that authority so as to produce injustice, the Court has power to prevent abuse. It would be an abuse of process of the Court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers Court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of Court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the Court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are ac .....

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..... of Criminal Procedure Code and Article 227 of the Constitution of India observed thus: Is petition under Article 227 of the Constitution legally maintainable in such matters. In our view, there is only one answer to the question and it is Yes . No statute can bar that constitutional remedy. No doubt, its exercise has certain limitations, but that is an altogether different subject. Conclusion is, therefore, inevitable that an application or petition under Section 482 simpliciter or Section 482 read with Article 227 or Article 227 simpliciter does lie but its exercise is restricted to rate and exceptional cases. In exercise of those powers care ought to be taken to see that bar of Section 397(3) is not circumvented by shift and contri .....

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..... The alternate remedy is no bar to invoke power under Article 227. What is required as to see the facts and circumstances of the case while entertaining such petition under Article 227 of the Constitution and/or under Section 482 of Criminal Procedure Code. The view therefore, as taken in both the cases V.K. Jain and Saket Gore, no way expressed total bar. If no case is made out by the petitioner or the party to invoke the inherent power as contemplated under Section 482 of Criminal Procedure Code and/or the discretionary or the supervisory power under Article 227 of the Constitution of India they may approach to the revisional Court, against the order of issuance of process. 11. Taking into consideration the facts and circumstances of th .....

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