TaxTMI 
TaxTMI 
TaxTMI 
2019 (7) TMI 1867
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng against the Appellants in the Court of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District for offences punishable under Sections 307, 323, 427, 447 and 506(2) read with Section 34 of the Indian Penal Code (IPC). 2. The Appellants and the Respondent No.2, being the de facto complainant, are apparently close relatives and are embroiled in a partition suit being OS No.92 of 2012 filed by the Appellant No.2 in the Court of Additional District Judge, Narsapur, West Godavari District of Andhra Pradesh. 3. The Appellant No.2 had also filed a criminal complaint being Criminal Complaint No.518 of 2012 against the de facto complainant and others in the Court of the First Class Judicial Magistrate, Narsapur, Wes....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... 9. The High Court rejected the contention of the Appellants that the complaint was lodged as a counter blast, observing that the complaint of the Second Appellant was filed on 28th September, 2012 whereas the instant complaint was filed on 21st July, 2015 that is after almost three years. 10. It is the case of the Appellants that the Appellant No.1, who is working as Lecturer at Hyderabad has falsely been implicated. Whether the Appellant No.1 was at Hyderabad when the alleged incident took place, or whether the Appellants have falsely been implicated are questions of fact which have to be decided in the trial by adducing evidence. 11. The High Court concluded, and rightly, that it was open to the Appellants to adduce evidence to show ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed. 16. The High Court should not, in exercise of jurisdiction under Section 482, embark upon an enquiry into whether the evidence is reliable or not, or whether on a reasonable appreciation of the evidence the allegations are not sustainable, for this is the function of the trial Judge. This proposition finds support from the judgment of this Court in Zandu Pharmaceutical Works Ltd. and Ors. v. Mohd. Sharful Haque and Another (2005) 1 SCC 122 . 17. The High Court may have an obligation to intervene under Section 482 of the Code in cases where manifest error has been committed by the Magistrate in issuing process despite the fact that the alleged acts did not at all constitute offences. Reference may be made to S.W. Palanitkar and Ors. v.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....cise of power under Section 482:- "(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR 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 o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e of the inherent power to quash the proceedings is called for only in cases where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance is taken by the Magistrate it is open to the High Court to quash the same in exercise of the inherent powers under Section 482. It is not, however, necessary that there should be a meticulous analysis of the case, before the trial to find out whether the case would end in conviction or not. The complaint has to be read as a whole. If it appears on a consideration of the allegations, in the light of the statement on oath of the complainant that ingredients of the offence/offences are....