9911796707
TMI Blog2000 (9) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... s accompanying the final report submitted under Section 173 of the CrPC. The Magistrate, vide his order dated 6-7-1996, rejected the application and directed he presence of the appellants in the court for framing of charges. Feeling aggrieved the appellants moved the High Court under Section 482 of the CrPC with prayer for quashing the order of the Magistrate. Their prayer was rejected vide the order impugned hence this appeal. 2. Mr. Altaf Ahmad, the learned Additional Solicitor General, appearing for the appellants submitted that the averments made in the FIR do not make out any case against his clients, inasmuch as none of them have even been named therein. He further submitted that without disputing the validity of the allegations ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to logical conclusions under the CrPC and the High Court should be reluctant to interfere with the proceedings at an interlocutory stage. However, there may be cases where the inherent jurisdiction to quash proceedings can and should be exercised. Where there is a legal bar against the institution or continuance of the criminal proceedings in respect of the alleged offence, the High Court should not be reluctant to exercise the inherent jurisdiction. Similarly where the allegations in the FIR or the complaint, even if they are taken at their face value do not constitute the offence alleged, or without appreciating the evidence but only merely by looking at the complaint or the FIR or the accompanying documents, the offence alleged is not di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e record it appears that for irregularities in the affairs of the Branch of the Bank, various complaints were lodged with the local police and the CBI against one Abhay Kant Jha in the years 1983, 1985 and 1987. In its report submitted on 30th November, 1987, the CBI recommended prosecution of said Shri Abhay Kant Jha along with Shri Sanjay Kumar Roy, respondent No. 2 herein. To counter blast and ward off his involvement, the said Shri Sanjay Kumar Roy filed a complaint in the year 1987 with the Gandhi Maidan Police Station, Patna making accusations only against said Shri Abhay Kant Jha. However, while narrating the facts therein, he submitted that some of the appellants had approached him and his father for amicable payments of the bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 82 it is mentioned that on number of occasions person was sent to the United bank, Bokaro for getting the papers of the case but papers were not received. In paragraph 83 a mention is made of documents or papers have been received about which the proceedings should be initiated after the discussion with the ASP City. Paragraph 84 mentions the compliance of order of ASP City. Paragraph 86 records that the documents received were shown to S/Shri Balakrishna Rai and Ram Kishore Rai who after seeing he papers and documents told that they do not bear the signature of Shri Sanjay Kumar Roy. In paragraph 110 it is recorded that IO reached the office of the bank at Bokaro and searched Shri Ram Deo Yadav, Branch Manager but what was recovered up ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
