Inherent powers under criminal procedure cannot quash charge-stage proceedings when surviving allegations and trial remedies remain available.

At the stage of framing charges, the Madras HC held that inherent power under section 482 CrPC should not be used to quash proceedings where the complaint and material disclosed surviving allegations of conspiracy, fabrication of records, false returns, and forged documents. The earlier quashing of part of the complaint did not require withdrawal of the complaint and refiling after deletion of the struck-off portions, and no prejudice was shown to the petitioners. As statutory remedies remained available before the trial court, the prosecution was allowed to continue and the trial court was directed to proceed expeditiously.

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Issues: Whether the petitions under section 482 of the Code of Criminal Procedure, 1973 for quashing the criminal proceedings were maintainable and whether the complaint and evidence disclosed sufficient grounds to continue the case against the petitioners.

Analysis: The earlier order quashing part of the complaint did not require the prosecution to withdraw the complaint and file a fresh one after deleting the struck-off portions. Evidence could still be led on the surviving allegations, and no prejudice was shown merely because some offences had been quashed earlier. The complaint contained general and specific allegations of conspiracy, fabrication of records, filing of false returns, and use of forged documents, which were sufficient at the stage when the trial court was to consider framing of charges. Once the matter had reached the stage of charge and statutory remedies under the Code remained available, the inherent jurisdiction under section 482 could not be used to short-circuit the trial proceedings.

Conclusion: The petitions for quashing were not sustainable and the proceedings were liable to continue.

Final Conclusion: The Court refused to interdict the prosecution and directed the trial court to proceed with the cases expeditiously.

Ratio Decidendi: Inherent powers under section 482 of the Code of Criminal Procedure, 1973 should not be invoked to quash proceedings at the stage of framing of charges where the complaint discloses surviving allegations and statutory remedies before the trial court remain available.

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