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2011 (7) TMI 1154
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....nt No. 3, Mallidi Chinna Veera Venkata Satyanarayana (A-3), was initially an associate of the appellant herein but later joined hands with A-1 and A-2. (b) In the year 2006, the appellant contested Zila Parishad Territorial Constituency Elections as an independent candidate and won it. A-1 and A-2 developed grudge against the appellant and they contracted Valmiki Gujjula Ramayya Kondayya (A-4) who belongs to Emmiganur Mandal of Kurnool District for killing the appellant and gave him Rs. 7,00,000/-to purchase a vehicle and also gave separate amount for hiring goondas. A-4 hired A-5 to A-12 for the said purpose and they conspired together and hatched a plan to assault the appellant. Further, A-3 was entrusted with the responsibility of giving information about the movements of the appellant. (c) In pursuance of their conspiracy, on 07.11.2007 between 7:00 p.m. to 7:30 p.m. when the appellant was proceeding in his Honda City car along with his wife and children to attend a function near J.K. Gardens, A-4, A-7 to A-12 who were in a Scorpio Car came across his car. In the meanwhile, A-5 and A-6 also came there on Bajaj Boxer Motorcycle belonging to A- 2 where A-4 and A-12....
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....f the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." This section was added by the Code of Criminal Procedure (Amendment) Act of 1923 as the High Courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. This section envisages three circumstances in which the inherent jurisdiction may be exercised, namely: 1. to give effect to any order under Cr.P.C., 2. to prevent abuse of the process of any court, 3. to secure the ends of justice. 7) In R.P. Kapur Vs. State of Punjab AIR 1960 SC 866=(1960) 3 SCR 388, this Court laid down the following principles:- "(i) Where institution/continuance of criminal proceedings against an accused may amount to the abuse of the process of the court or that the quashing of the impugned proceedings would secure the ends of justice; (ii) where it manifestly appears that there is a legal bar against the institution or continuance of the said proceeding, e.g. want of sanction; (iii) where the allegations in the First Information Report or t....
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....scretion if a party has not approached it with clean hands. 9) In a proceeding under Section 482, the High Court will not enter into any finding of facts, particularly, when the matter has been concluded by concurrent finding of facts of two courts below. Inherent powers under Section 482 include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any court subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case. Court can always take note of any miscarriage of justice and prevent the same by exercising its powers under Section 482 of the Code. These powers are neither limited nor curtailed by any other provisions of the Code. However such inherent powers are to be exercised sparingly, carefully and with caution. 10) It is well settled that the inherent powers under Section 482 can be exercised only when no other remedy is available to the litigant and not in a situation where a specific remedy is provided ....
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....nce, 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 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 FIR 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 contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficac....
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....irao Chandrojirao Angre & Ors. AIR 1988 SC 709, this Court held as under:- "The legal position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage." 17) This Court, while reconsidering the Judgment in Madhavrao Jiwaji Rao Scindia (supra), consistently observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc., the Court may consider "special facts", "special features" and qua....
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.... to hold a fullfledged inquiry or to appreciate the evidence, collected by the Investigating Agency to find out whether the case would end in conviction or acquittal. Discussion in the case on hand 19) In the light of the above principles, let us consider whether there are sufficient materials available in the prosecution case, particularly, in the FIR, chargesheet and statement of witnesses insofar as respondents herein are concerned. No doubt, in the FIR, the complainant has not named these respondents as accused. In Column No. 5 of the FIR under heading "Alleged cause", it is stated that "Alleged to have been sustained injuries on the head, face due to assault by unknown persons near J.K. Kalyana Mandapam, Rajahmundry today (07.11.2007) around 7:00 p.m." Though the complainant has not specified any name, he had asserted that while taking a turn from J.N. Road to J.K. Gardens, some unknown persons kept their maroon color Scorpio car came across his way at around 7:30 p.m. and about 10 persons got down from it, while 5 others from auto armed with iron rods and sticks and they hit the glass on his side to stop him while he was driving the car. It was also asserted that when he pu....
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....of A2 has been used in the commission of offence. A5 having secured A5 to A12 boarded in Raja Rajeswari Lodge, Emmiganur, Kurnool District of for which LW-28 Yeluganti Perayya provided accommodation on night of 31.10.2007 and from their, they came to Rajahmundry on 01.11.2007. On 05.11.2007, A4 got effected some minor repairs to the Scorpio Car at the mechanic shed of LW-24 Anga Janaki Ram. LW-24 gave receipt in the name of A4 for the collection of repairing charges. Later, A1 and A2 kept A4 to A12 in their godown at their Poultry Farm at Komaripalem. LWs-22 and 23 Manda Subba Reddy and Challa Sreenu on the instructions of A1 and A2 used to provide food drinks etc., to A4 to A12. It is at that godown, the accused conspired and designed the plan to assault on LW-1. A1, A2 provided Bajaj boxer motorcycle No. AP 5 AG 9418, Iron Rods and Chili Powder to A4 to A12. A3 was entrusted with the responsibility giving information about the movement of LW-1 to A1 and A2 though the cell phone." With regard to the conversation over cell phones, the following materials are available in the chargesheet: "LW-40 secured the cell phones call register of A1 to A3 from LW-36 who is Airtel Manage....
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....t that even if the above mentioned materials are acceptable, however, the same does not constitute "legal evidence" to proceed with the trial and hence the High Court was justified in quashing the same for which he relied on a decision of this Court in M/s Zandu Pharmaceutical Works Ltd. (supra). In that decision, the factual position highlighted therein goes to show that the complainant had not come to the court with clean hands. There was no explanation whatsoever for the inaction between 1995 to 2001. Considering the factual position that the complaint was nothing but sheer abuse of process of law and the High Court has to exercise its power under Section 482, this Court after finding that the High Court has failed to exercise such power quashed the proceedings initiated by the complainant. Ongoing through the factual position, we have no quarrel about the proposition laid down and ultimate order of this Court. That is not the position in the case on hand. We have already pointed out various principles and circumstances under which the High Court can exercise inherent jurisdiction under Section 482. When exercising jurisdiction under Section 482 of the Code, the High Court wou....