All HC | Inherent power under S. 482 CrPC to be sparingly used, can’t be put in straight jacket formula

Allahabad High Court: Rekha Dikshit, J. while disposing of this petition granted petitioners time to surrender and apply for bail so that the same shall be considered and disposed of expeditiously in accordance with law and in terms of law laid down in the case of Lal Kamlendra Pratap Singh v. State of U.P., (2009) 4 SCC 437.

This petition was filed with a prayer to quash the impugned charge sheet of 28-12-2018, under Sections 147, 323, 504, 506, 427,452, 354-B and 120-B Penal Code, 1860 including the entire proceeding.

Prashant Shukla and Aditya Kumar Maurya, Counsels for the petitioners submitted that FIR was lodged on false and fabricated facts and that the petitioners have falsely been implicated in this case. It was further submitted that petitioners are ready to surrender before the court below with some protection granted to them.

The Additional Government Advocate opposed this petition.

In regard to the particulars of the petition and submission of the parties, the Court observed that the power under Section 482 CrPC is not to be exercised in routine manners so as to cut short the entire process of trial before the Courts below, but it is for limited purposes. It could be either exercised to give effect to any order under the Code, or to prevent abuse of process of any Court or otherwise to secure ends of justice. The power cannot be placed in straight jacket formula.

If an FIR or complaint discloses any offence at all or it is frivolous, collusive or oppressive from the face of it, the Court may exercise its inherent power under Section 482 CrPC but it should be exercised sparingly. Some cases were referred to in support of the above: State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, Popular Muthiah v. State, (2006) 7 SCC 296, Hamida v. Rashid, (2008) 1 SCC 474, and a few others.

However, the Court observed that Police has found a prima facie case against accused and submitted the charge-sheet in the Court below and after an investigation found a prima facie case of commission of a cognizable offence by the accused which should be tried in a Court of Law. At this particular stage, there is no occasion to look into the question, whether the charge ultimately can be substantiated or not since that would be a subject matter of trial. No substantial ground was made out which may justify interference by this Court under Section 482 CrPC.[Mahboob Khan v. State of U.P., 2019 SCC OnLine All 3196, decided on 30-08-2019]

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