“High court cannot hold a parallel trial while exercising power under Section 482 CrPC”, reiterates Gauhati HC

Gauhati High Court: A Single Judge Bench comprising of Mir Alfaz Ali, J., dismissed a criminal petition filed under Section 482 CrPC wherein the petitioners sought quashing of charge-sheet and proceedings in criminal cases.

The petitioners were alleged to have trespassed into the land of Respondent 2 and caused damages to the fencing and RCC post. A criminal case was registered and charge-sheet was submitted under Sections 447, 427, 452 IPC against the petitioners.

The High  Court observed that witness statements under Section 161 CrPC clearly show that petitioners trespassed into the land of Respondent 2. A prima facie case for the said was made out. It was noted to be a trite law that for the purpose of exercising inherent power under Section 482, the Court needs to see whether allegations made in the FIR or evidence collected, on its face value, make out any offence. The Court relied on Radhey Shyam Khemka v. State of Bihar, (1993) 3 SCC 54, wherein it was held that the High Court while exercising such power cannot usurp the jurisdiction of trial court. The power has to be exercised to quash prosecution that amounts to abuse of process of court. It cannot be used to hold a parallel trial. In the instant case, having found that there was a prima facie case, the Court declined to interfere with the proceedings impugned. [Promod Adhikari v. State of Assam,2018 SCC OnLine Gau 822, dated 27-07-2018]

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