2015 (12) TMI 1036

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....hat Kapil Gupta was driver on a vehicle owned by Yadav Transport Company, Delhi. Kapil Gupta tried to register the forms at ICC, Banur without a vehicle or the goods on 04.09.2012 at 12:15 A.M. After getting the stamps on the bills and bilties, the driver asked for Harpreet Singh, the Tax Documents Clearance Executive, posted on the barrier. When he was told that he was transferred to Shambhu Barrier, he produced some bills issued by M/s. Overseas Grain Merchants and Commission Agents for a sum of Rs. 18,46,800/-. When the Excise and Taxation Inspector asked him to show the vehicles mentioned in the bills, it was found that the driver only had the bills and the bilties and neither the vehicles nor the goods were produced. On enquiry, Kapil ....

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....which the inherent jurisdiction can be exercised, which are:- (i) to give effect to an order under the Code, (ii) to prevent abuse of process of court (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. 8. In R.P. Kapur. vs. State of Punjab (AIR 1960 SC 866), the Court summarized some categories of cases where inherent power can and should be exercised to quash proceedings. (i) Where it manifestly appears that there is a legal bar against the institution or continuance, e.g. want of sanction; (ii) Where the allegation in the first information report or complaint taken at it....

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.... allegations in the First Information Report and other materials, if any, accompanying the F.I.R. Do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplate....