Quashing of criminal proceedings refused where effect of a statutory restraint order raised disputed factual issues for the trial court.

Disputed factual questions about the existence, timing and effect of a statutory restraint order are ordinarily not decided in inherent proceedings for quashing under section 482 CrPC. Where the plea depends on material not examined by the Magistrate, the proper course is for the accused to raise the objection before the trial court, which can assess the relevant facts and apply the governing principles on merits. On that basis, the High Court found the quashment petition not maintainable on the material placed before it and left the criminal proceedings to continue, relegating the petitioner to seek relief before the Magistrate.

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Issues: Whether the High Court should, in exercise of inherent jurisdiction under section 482 of the Code of Criminal Procedure, 1973, quash the criminal proceedings on the basis of the petitioner's plea that a restraint order under section 22A of the Sick Industrial Companies (Special Provisions) Act, 1985 barred the complaint from proceeding.

Analysis: The objection raised by the petitioner depended on facts and materials not examined by the Magistrate. The existence, timing, and effect of any restraint order under section 22A of the Sick Industrial Companies (Special Provisions) Act, 1985 required consideration of relevant material and could not be decided conclusively in a petition for quashment under section 482 of the Code of Criminal Procedure, 1973. Such objections ought first to be placed before the trial court, which can assess them on merits in the light of the governing principles.

Conclusion: The petition for quashment was not maintainable on the factual material placed before the High Court and was rejected, leaving the petitioner to raise the objection before the Magistrate.

Final Conclusion: The criminal proceedings were left to continue, and the petitioner was relegated to seek appropriate relief before the trial court.

Ratio Decidendi: Disputed factual questions bearing on the effect of a statutory restraint order are ordinarily not decided in inherent proceedings for quashing and must first be examined by the trial court on the basis of relevant material.

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