Law and Justice

Posts Tagged ‘High’

Chennai, the capital of Tamil Nadu, is solitary among the most picturesque cities of India. It is situated in the region which is appears as a Valley on watersheds of the rivers with the many river brook. With the heavy population of 6.90 million, Chennai property is situated with the remoteness of national capital, Delhi. It has neither less importance then the cities of Mussoorie, Rishikesh, Haridwar, Roorkee and many more with the inspiring intellectual inheritance and shrine architecture.
The materialization of MNCs in India and the increasing first choice of India as a big business centre by most important international companies have verified immensely constructive to the financial system. The occupation soaks are prosperous, philanthropic increase to stipulate for suburban, commercial and retail properties. With all the tier-III and tier-IV cities feeling an explosion in their property expansion regions, Chennai property is also flattering single of them. The property inclinations transversely contemporary India are awfully parallel and enhancing the financial system roughly on the same lines. First, arrives the IT or industrial explosion with a mixture of corporate honchos zeroing in fastidious cities to institute and develop their procedures. After that, rush forward in Chennai property structure with gathering expansion of real estate by finest developers to assemble the requirements of the organizations and its community. And in conclusion, real estate prices are sky kissing by reason of the significant development, investor probable and future capacity of the real estate market.
The property market of Chennai has misrepresented in a chief way in precedent few years. A little of the eminent developers in India have given away their interest in increasing real estate in Chennai. The property builders of at the moment are constructing properties of worldwide standards to pick up the living standards. They are building sumptuousness apartments and magnificent arrangements operational with most recent services to overprotect the requirements of young contemporary India. Consequently, there is a quick expansion of high stage property crosswise the realm delighting the real estate builders and property brokers.

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Color Patterns

These color patterned dog collars are perfect for year-round use. The fabric used in these collars is in every color, from the bright and bold to the soft and demure. These premier designs can feature a handful of colors or in some cases nearly every color. These handcrafted collars come in a wide range of unique patterns and textures, such as leather, as well. Some of these are very modern and chic patterns and include circles, diamonds, plaid, and checkerboard. A collar in a striped pattern can give your pet a fancy and clean, yet fun look. Camouflage, tie-dye, swirled, and gradient patterns are available for a wilder, more psychedelic feel. There are even collars for lovers of butterflies, card games, dice, peppers, and tropical fruit. Pablo Picasso fans can also express themselves through the several modular and cubist patterned collars available in this collection. You cannot find designs like these in a typical store, let alone with a matching leash option. These handmade dog collars are perfect for your dog or cat to wear for those times of the season that are in-between holidays and celebrations. Our dog collars are fully functional and allow you to attach an id securely to it. You will not find a better place to purchase designer collars and leashes online than our store.

Sport Balls

Our Sports Balls collars are perfect for the sports fan. Many of these collars very clearly represent certain sports while others do so in a more abstract fashion. Lovers of football, soccer, golf, racquetball, tennis, and baseball can express themselves through their pets with many of these collars and leashes. For those with multiple sports interests, several of these collars are patterned with two to three types of sports balls. Beach fanatics can have their dog in on the fun with the unique beach ball collar. Poker players can equip his or her dog or cat with the very stylish poker chip collar. These designersports balls collars are available in several colors and come in whimsical, funky patterned fabrics. Your dog will look great wearing any of these handmade, personalized dog collars as you cheer your favorite team on or watch or play a game with your friends and family.

Beach Themes

These beach collars are lovely for your dog or cat to wear on a sunny day at the beach. The very popular and designer hibiscus fabric comes in teal, black, or red and is perfect for those with simpler, more contemporary tastes. Much brighter colors and prints are available for animal fans and include gecko, tropical fish, starfish, and seahorse prints, as well as two extremely cute frog and crab designs. Stylized and impressionistic designs of beach scenery, palm trees, island huts, bamboo, and several tropical flowers and plants also make very fancy collars. A very sweet beach sandal collar is also available for a quieter look. These handmade collars are a great way to express you and your pets love for the beach and can be worn throughout the year. These collars can be personalized and outfitted with an id. Your pet would look striking as he or she walked down the beach in a unique collar and leash set from our store.

Bones & Paws

These bones and paws collars come in bold, subtle, and bright colors. Some are very heavily patterned, almost overflowing with design, while others are more minimal and simplistic. These designer dog collars are fun, cute, and perfect to wear throughout the entire year. Bone prints, paw prints, and combination bone and paw prints are available in many colors and styles of fabric. There is even a pirate skull and cross bones print for fans of pirates, the sea, and treasure hunting. A few of these witty collars have the words “dog” and “bone” imprinted upon them in case you or your pet forget what they are exactly. Some of the designs are very stylized while others are more bold-cut and modern. These unique fabrics can be handmade into matching leash and collar sets at our online store. If you like, pick two different fabrics that compliment or contrast one another for a more personalized look. Any of those collars would look great on your dog or cat and are a fun to wear.

Butterflies, Ladybugs, & Insects

These fancy insect and animal prints make lovely collars. These designer prints are a bit softer than some of the bolder, louder designs that were featured in other categories. The fabric used in these designs tend to more demurely colored, with pastels including yellow, purple, and pink. Flamingo, moose, bear, trout, and sea turtle prints are available as well as several insect prints such as lady bugs, bumblebees, and dragonflies. Many of these premier designs are more realistic and true to form while others are more unique and stylized. Some include insects set upon plaid backgrounds while others feature insects that appear to be in flight. Some of the more modern designs include dots and stripes which are quite reminiscent of the many colors and patterns that butterflies and dragonflies have on their wings and bodies. These handmade collars can be personalized and outfitted with an id. Your dog or cat would look quaint and lovely in any of these handcrafted collar and leash sets.

All American

These handmade all American collars are a perfect way to express your patriotism through fashion. Some of the flag prints are quite large and cover the entire collar. Some of the collars are patterned with smaller flags upon a bare background. Simpler versions with just red, white, and blue stripes or star motifs are an abstract way to express pride in your country. One fabric even brings together the American flag with baseball, the all American pastime. A few of the collars even include the flags of many nations and are a great way to express your pride in the many countries of the world. You will not find a better place to purchase designer collars and leashes online than our store. A leash in a matching or complimentary fabric would make an excellent look. These unique, classy, and fun designs will look great on your dog or cat and is sure to make he or she look just as proud as you do.

Dots & Circles

The dots and circles category features both bold and soft designs and colors. These fabric used in these collars can have very strong, hard-edged circles or circles with softer, more gradient effects. These prints can easily give fashion to your male or female pets. Some prints are two or three toned while others have many colors. Many patterns are available, whether you prefer dense, grid-like polka dots or more fluid, random designs. Many of these unique collars are softer and slightly more feminine. These patterns are fun while remaining very contemporary. These fancy, designer prints are a subtle way to break up your pet’s coat and to give them a classy look. You cannot find designs like these in a typical store, let alone with a matching leash option. Our online store is the premier choice for personalized collars and leashes. These handmade dots and circles collars are perfect for your cat or dog to wear throughout the entire year.

Easter Eggs and Chicks Themes

These whimsical Easter egg and chick collars are perfect for the springtime. Some of the more subtle designs feature fabric covered in extremely cute rabbits, chicks, and several egg motifs. Some are very simply set on solid backgrounds while others look quite fancy and are set on a plaid background. A few of the the louder designs feature bold colors with jelly bean and chick designs. These collars are perfect to wear on a picnic or any sort of outing on a joyous spring day. Your dog or cat would look striking in any of these designer collars as he or she joins the children in an Easter egg hunt. These fashion collarsare both lovely and fun. Our dog collars are fully functional and allow you to attach an id securely to it. These handmade dog collars are perfect for a quaint setting in the park and would compliment your pet’s coat, giving he or she a very sweet, gentle look. A leash in a matching or complimentary fabric would make a very cute look.

Floral & Garden

These unique floral and garden collars feature several different nature-inspired designs. Whether your tastes may be soft or bold, impressionistic or pop-art, realistic or fantasy, you are sure to find several handmade collars to fit your suiting. Some of the softer patterns include daisies and violets against soft pink, yellow, and other pastel colors and backgrounds. The louder patterns are in deep red, purple, and black colors which are in striking contrast between the flowers. Some of the flowers are very real looking while others are more modern or impressionistic. These flower motifs can be for a fun, energetic dog or cat or for the quieter, older pet. Your tastes may be very festive, subtle, country, or 60′s inspired. Some of the designs are very abstract while others are more traditional, similar to floral patterns you may see in a classic rug or designer ceramic piece. Our online store is the premier choice for personalized collars and leashes. No matter what style you choose, these floral and garden collars are sure to give a lovely pop of color and class to your pet’s look.

Ghosts, Goblins, Halloween, & Fall Patterns

These festive fall-inspired dog collars are perfect to wear during the autumn months. The designer fabrics feature softer, earth-tone colors such as those seen in the changing and falling leaves. Some of the wilder, more fun collars are perfect for a Halloween celebration or outing. These designs feature ghouls, pumpkins, bats, candy corn, black cats, and other spooky features that are very popular during this lively holiday. For more everyday wear, striped or autumn leaf motifs are available and are a lovely way to celebrate the season. Some of them feature very realistically drawn corn and pumpkin designs as well. Our online store is the premier choice for personalized collars and leashes. These handmade collars have a place to attach an id. These designs are quite chic while still remaining subtle. The fabric used in these collars and leashes are quite fancy and rich looking which will beautifully accent your pet’s coat.

Music Themes

These whimsical fashion collars are perfect for musicians and music lovers. Impressionistic banjo fabric as well as contemporary and bold guitar collars are available. Music notes prints make lovely collars as well. These handcrafted collars are fancy, elegant, and subtle. These unique collars are a must for the music fanatic and are perfect to wear throughout the entire year. These premier designs are a great way to help your dog or cat to look festive during an impromptu concert or other musical event. Your pet would look great in any of these personalized collars while you and your friends and family make music together. These collars are even more suitable for pets who like to join in as well. You will not find a better place to purchase designer collars and leashes online than our online store.

Paisley Themes

These designer paisley collars are fancy, classy, and bold. Some of these prints are reminiscent of high-end prints seen in name brand fashion. These unique collars and leashes are a perfect way to give your dog or cat a look of couture. These collars come in a wide range of colors, whether you prefer very bold colors set to a red background, or softer colors amid a pink base color. Some are delicate and subtle looking while others are bold and loud. Some of these collars have a very fun, whimsical look while others have very high-end, rich looks. These handcrafted collars can easily be worn throughout the year. A few of the motifs are more modern and contemporary, which are a nice take on the paisley which is normally a very classic, traditional design. These collars can be personalized and outfitted with an id.

Plaid Themes

These plaid patterned fashion collars are perfect to wear throughout the entire year. Many feature softer, more demure colors while a few are quite bright and loud. These designs are just like those that are used in the fabric of popular coats, shirts, and accessories seen in designer fashion brands. These handcrafted collars would look lovely on your dog or cat and can easily compliment your attire as well. The plaid design is classic and perfect for everyday wear. Some of the plaid patterns are two-toned while others are more intricate and have three or more colors. A popular handkerchief style collar is available too if that is your interest. Our online store is the premier choice for personalized collars and leashes. These handmade collars have a place to attach an id. Your pet is sure to look fun and classy in any of these collars.

Sailing Themes

These designer sailing dog collars are perfect for the sailing enthusiast. Bring your dog aboard your boat, whiff, yacht, or ship with one of these collars and he or she will be sure to fit right in and look the part. These designs are perfect for water or land lovers alike and feature everything from watercraft to knots, fishing lures to fish, and several other beach and sailing motifs. Very fun and friendly seagull and fish fabric designs are perfect for a dog or cat who may love to watch or run after these animals. These collars are unique and whimsical. These handmade collars are perfect to wear at the beach, on board a boat, or on any hot, summer day. You cannot find fashion collars like these in a typical store, let alone with a matching leash option. These handcrafted collars are fully functional and have a place to attach an id. Have fun with your pet and express your love for the water with any of these collars.

Shamrocks

Whether you want to represent Ireland, or you are just plain lucky, these premier collars are sure to get your dog or cat into the spirit. These bold colors feature lovely shades of green shamrocks and are great to wear during the spring months or at any fun celebration. Some of these unique collars are quite loudly patterned with shamrocks atop a background, while others are more subtle and puzzle-like, with shamrocks interlocking one another. Some are quite bold while others have a more gradient effect upon the colors. Others feature very Irish patterns which are perfect for a trip to the countryside. Wispy vines and fancy leaves accent a few of the collars, bringing a subtle, designer look. These green colored collars would look striking on any pet’s coat and would look lovely during any time of the year. A matching leash would look lovely, although these designs would contrast nicely against a leather leash as well. Our online store is the premier choice for personalized collars and handcrafted leashes.

Star Themes

These star patterned collars are very fun and bold looking. Some are simply star or star burst designs while others are more intricate and can help you express pride in your country or religion. The Star of David is featured in several of these fancy collars and would be great to wear during the winter months and Hanukkah. Snowflake patterned collars are perfect for trips to the snowy mountains while red, white, and blue star patterns are perfect for the summer months or during an Independence Day or Christmas celebration. Some of the designs are very whimsical and reminiscent of outer space and fantasy. These, as well as other motifs, are quite sweet and subtle and can easily be worn by your cat or dog throughout the year. These collars come in many rich and fun colors. Our online store is the premier choice for personalized collars and leashes. These handmade collars have a place to attach an id.

Valentine and Heart Themes

These designer valentine collars are perfect for the spring months or for any time you and your pet may want to express love, friendship, and companionship. These handmade collars feature many shades of red and pink and depict sweet hearts, swirls, love letters, cupid wings, and arrows. Some of the hearts are randomly pressed onto the fabric while others seem to sweep through the design. These collars are perfect for a sweet, female dog and can even be worn throughout the year. Some of these collars feature simplistic, contemporary designs while others are more intricate and impressionistic. These unique designs are sure to evoke a quaint and loving feel and will contrast well against your pet’s coat. Any of these collars would make an excellent Valentine’s day gift for the dog or cat in your life.You cannot find designs like these in a typical store, let alone with a matching leash option. Our online store is the premier choice for personalized collars and handcrafted leashes.

Winter & Christmas Themes

These whimsical fashion collars are perfect to wear during the winter months and would be a lovely accessory for your dog or cat during any holiday celebration. These designer patterns can be soft or bold, funky or impressionistic and feature holiday staples such as snowmen, candy canes, ivy, Santa Claus, berries, poinsettias, Christmas trees, bells, gingerbread men, stockings, and other wintertime essentials. Some of the more simple designs include red, blue, and green stripes and checkerboards and are perfect for everyday use, particularly if you want a more subtle look for your pet. These handmade collars come in many colors and may be cute, elegant, fun, or classy. These collars are a great way to make sure your pet is in the spirit. Our dog collars are fully functional and allow you to attach an id securely to it. You will not find a better place to purchase designer collars and leashes online than our store.

Go Green

These unique Go Green or Hemp Collars are stylish, elegant, and environmentally friendly. The fabric used to make these collars is either cotton or bamboo while the webbing is made of hemp. These dog collars are a great way to compliment your pet’s coat and look and gives you the opportunity to show your appreciation for the earth. The motifs on these handcrafted collars feature nature inspired patterns and are perfect to wear throughout the entire year. These fancy collars are just as durable as those that are made out of synthetic or other man-made materials. With these collars, you can feel proud that both you and your cat or dog are trying to be earth conscious. A matching leash would look lovely, although these designs would contrast nicely against a leather leash as well. Our online store is the premier choice for personalized collars and handcrafted leashes.

 

 

 INHERENT POWERS OF HIGH COURTS (Quashing of     F.I.R)

 

 

 

INTRODUCTION:

 

Inherent powers of the High Courts are the powers which are not additional to the powers conferred upon the High Courts. The most important aspect of such power is the Quashing of FIR by the court .

 

Section 482 CrPC talks about the inherent powers of the high courts. This section reproduces section 561-A of the code of 1898 without any change. It does not confer any new powers on the high courts but saves such inherent powers which the court possessed before the enactment of CrPC.

 

Though the jurisdiction exists and is wide in its scope it is a rule of practice that it will only be exercised in exceptional cases. The section was added by the Code of Criminal Procedure(amendment) Act,1923 , as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section is a sort of reminder to the high courts that they are not merely courts n law, but also courts of justice and possess inherent powers to remove injustice. The inherent power in the high is an inalienable attribute of the position it holds with respect to the courts subordinate to it. These powers are partly administrative and partly judicial . They are  necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The expression ‘ends of justice’ is not used to comprise within it any vague or nebulous concept of justice, nor even justice in philosophical sense , but justice according to law, statute law and the common law. Inherent powers are in the nature of etxtraordinary powers available only where no  express power is available to the high courts to do a particular thing , and where the express power does not negativate the existence of such inherent power. The jurisdiction under section 482 is discretionary , the high court may refuse to exercise the discretion if a party has not approached it with clean hands.

 

 

 

OBJECTIVE:

 

 

To highlight the use of inherent powers by the high courts  under the Code of Criminal Procedure especially  for quashing of FIR or criminal complaints  before the filing of a chargesheet.

 

 

SCOPE :

 

The scope of the report is limited only to the quashing of FIR and highlighting some judgements delivered by the Supreme Court and the high courts in this context.

 

As per the scope of this section is concerned , it has a very wide scope. The inherent powers are only with the high courts and no other court can exercise these powers. The high courts are bound to exercise such powers whenever there is injustice done by the court below. Some of the inherent powers of the high courts are:

 

a)     quashing of  FIR

b)    quashing of complaint

c)     quashing of any order passed by the court below in revision etc.

 

In this report we are mainly concerned with quashing of FIR and criminal complaints.

 

 

 

 

 

MAIN TEXT:

 

 

1.     Section 482 :

 

It reads as follows :

 

“Saving of inherent power of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of 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.”

 

The section was added by the Code of Criminal Procedure (Amendment) Act of 1923. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely:

 

1.     to give effect to an order under CrPC,

to prevent abuse of the process of the court,
to secure the ends of justice.

 

The jurisdiction of the high court is confined to the courts subordinate to it in the state for which the high court has been constituted. An application under section 482 cannot be entertained by any court other than the high court. The inherent jurisdiction possessed by the high court under this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. Inherent powers under section 482 can be invoked only in the event when there is no other remedy open to the aggrieved party.

 

 

2. INHERENT JURISDICTION VESTED IN THE HIGH COURTS :

 

The inherent jurisdiction of the high court preserved under this section is vested in it by law within the meaning of article 21 of the constitution . The procedure for invoking the inherent powers may be regulated by rules which may have been or be framed by the high courts. The power to make such rules is conferred on the high court by the constitution. Where the rules were previously framed , they continue in force by virtue of article 372 of the constitution.

 

 

3. HIGH COURT NOT TO FUNCTION AS A COURT OF APPEAL OR REVISION :

 

While exercising powers under section 482 the court does not function as a court of appeal or revision. It also would not enter into the appreciation of evidence . Inherent powers are to be very sparingly exercised for compelling reasons, when where there has been any abuse of process of law or any glaring injustice.

 

 

4. NO INHERENT POWERS OF SUBORDINATE COURTS : 

 

Under CrPC , inherent powers are vested only in the high courtsand the courts subordinate to the high courts have no inherent powers. In bindeshwari Prasad singh  v  kali singh , the supreme court held that a magistrate has no inherent power to restore a complaint dismissed in default.

 

 

5. INHERENT POWER NOT TO BE INVOKED IN MATTERS COVERED BY SPECIFIC PROVISIONS :   

 

The inherent power of the high court under this section cannot be invoked in regard to matters which are directly covered by specific provisions of CrPC. Eg. the petitioner who has a remedy under s. 397 cannot be permitted to invoke s 482. The powers of high court under this section are indeed very wide . However, they can only be exercised in cases where there is such a palpable want of jurisdiction in the proceedings initiated, as would result in unnecessary harassment and oppression to the accused concerned. The section cannot be invoked to supplant the normal processes and inquiries by a tribunal prescribed in CrPC.

 

 

6. WHETHER A PERSON WHO HAS NOT APPLIED UNDER SECTION 482 CAN BE GIVEN RELIEF :

 

When the matter comes before the high court , it can exercise its power under s.482 irrespective of the consideration as to which of the parties has come before it. The high court can give relief even to the other accused who did not file any petition under this section.

 

When the matter is pending before the supreme court and that court has ordered the session judge to issue non bailable warrant for the arrest of the petitioners, the high court cannot exercise its power under this section.

 

 

 

7. WHEN ALTERNATIVE REMEDY AVAILABLE
:

 

If an effective alternative remedy is available , the high court will not exercise its powers under this section, specially when the applicant may not have availed of that remedy. The powers of this section are not usually invoked when there is another remedy available.

 

 

8. APPRECIATION OF EVIDENCE :

 

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.

 

When the high court quashed a criminal complaint on consideration of certain documents produced by the petitioner , it was held by the supreme court that the order of the high court was illegal, as only when the high court comes to a conclusion that no prima facie case is made out , based on the complaint and the documents accompanying it, that the court could quash the complaint.

 

 

 

VIEW OF THE SUPREME COURT:

 

 

The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence.

 

A two judge bench said that ordinarily criminal proceedings instituted against an accused must be tried and taken to logical conclusions under the Criminal Procedure Code (Cr.P.C.) and the High Courts should be reluctant to interfere into the proceedings at an interlocutory stage.

“However, if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed”, the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved, ruled the bench.

 

 

In the landmark case State of Haryana v. Bhajan Lal ( 1992 Supp.(1) SCC 335) :

 

A two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint:

 

1. The criminal complaint can be quashed when allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, prima facie constitute any offence or make out a case against the accused person.

2. The criminal complaint can be quashed when allegations made in the complaint are so absurd and inherently improbable that on the basis of which no prudent person can ever reach a conclusion that there are sufficient grounds for continuing the proceedings against the accused person.

 

3. The criminal complaint can be quashed when the allegations made in the

complaint and evidence collected in support of the complaint does not disclose the commission of any offence against the accused person.

 

4. The criminal complaint can be quashed when the complaint is manifestly attended with malafide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused person and with a view to spite him due to private and personal grudge.

 

5. The criminal complaint can be quashed when there is an express legal bar under any of the provisions of the CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and continuance of criminal complaint.

 

Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an investigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings.

 

 

In Pepsi Foods Ltd. v. Special Judicial Magistrate  (AIR 1998 SC 128) :

 

the Supreme Court of India observed that:

 

“Though the magistrate can discharge the accused at any stage of the trial if he considers the charges to be groundless, this does not mean that the accused cannot approach the High Court under section 482 to have the complaint quashed if the complaint does disclose the commission of a cognizable offence against the accused person. In this case the Supreme Court held that the order of the High Court  refusing to quash the complaint on the ground that alternate remedy was available under the CrPC to the accused person was not proper.”

 

 

 

However it has been held by the Supreme Court of India in Om Prakash Singh v. State of UP  (2004 CrLJ 3567) :

 

That ‘if a complaint discloses the commission of a cognizable offence, it would not be a sound exercise of discretion to quash the criminal complaint’.

 

 

 

In Indian Oil Corporation v. NEPC India Ltd. and Others (2006) 6 SCC 736 ) :

 

A petition under section 482 was filed to quash two criminal complaints. The High Court by common judgments allowed the petition and quashed the two complaints. The order was challenged in appeal to Supreme Court of India.

 

While deciding the appeal, the Supreme Court of India laid down following principles:

 

1. The high courts should not exercise their inherent powers to stifle or scuttle a legitimate prosecution. The power to quash criminal complaints should be used  sparingly and with abundant caution.

 

2. The criminal complaint is not required to verbatim reproduce the legal

ingredients of the alleged offence. If the necessary factual foundation is laid in the criminal complaint, merely on the ground that a few ingredients have not been stated in detail, the criminal proceedings should not be quashed.

Quashing of the complaint is warranted only where the complaint is bereft of

even the basic facts which are absolutely necessary for making out the alleged offence.

 

 

3. It was held that a given set of facts may make out (a) purely a civil wrong, or (b) purely a criminal offence or (c
) a civil wrong as also a criminal offence. A commercial transaction or a contractual dispute, apart from furnishing a cause of action for seeking remedy in civil law, may also involve a criminal offence.

 

As the nature and scope of civil proceedings are different from a criminal

proceeding, the mere fact that the complaint relates to a commercial

transaction or breach of contract, for which a civil remedy is available or has

been availed, is not by itself a ground to quash the criminal proceedings. The

test is whether the allegations in the complaint disclose a criminal offence or

not.

 

 

 

View of the High Courts :

 

 

In  Pasupati Banerji v. King (AIR 1950 cal 97)  :

 

The court has observed that

 

“In order to attract the provisions of section 182 of the IPC, it must be established that the person gave information to a public servant which he knew or believed to be false and that he intended thereby to cause the public servant to use his lawful power to the injury or annoyance of any person. It is not sufficient that the person had reasons to believe it was false or that he did not believe it to be true; what is necessary that the person must have positive knowledge or belief that it was false.”

 

 

In state of maharashtra v mohd yusuf noormohammad and others [1990 CrLJ 2106 (bom)] :

 

The high court held that , in the interest of peace, the right of  an individual to prosecute his complaint may be curtailed by the high court under section 482.

 

 

 

CONCLUSION :

 

So as per the following report we have seen that how the high courts uses its inherent powers and how important it is for the high courts to use these powers. Section 482 has a very wide scope and its really important for the courts to use it properly and wisely. Many a times it has been observed that when there is an issue of money for eg. Any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts.

 

Thus section 482 is very important for acquiring proper justice and to stop the public from filing fictitious complaints just to fulfill there personal grudges.

 

 

 INHERENT POWERS OF HIGH COURTS (Quashing of     F.I.R)

 

 

 

INTRODUCTION:

 

Inherent powers of the High Courts are the powers which are not additional to the powers conferred upon the High Courts. The most important aspect of such power is the Quashing of FIR by the court .

 

Section 482 CrPC talks about the inherent powers of the high courts. This section reproduces section 561-A of the code of 1898 without any change. It does not confer any new powers on the high courts but saves such inherent powers which the court possessed before the enactment of CrPC.

 

Though the jurisdiction exists and is wide in its scope it is a rule of practice that it will only be exercised in exceptional cases. The section was added by the Code of Criminal Procedure(amendment) Act,1923 , as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section is a sort of reminder to the high courts that they are not merely courts n law, but also courts of justice and possess inherent powers to remove injustice. The inherent power in the high is an inalienable attribute of the position it holds with respect to the courts subordinate to it. These powers are partly administrative and partly judicial . They are  necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The expression ‘ends of justice’ is not used to comprise within it any vague or nebulous concept of justice, nor even justice in philosophical sense , but justice according to law, statute law and the common law. Inherent powers are in the nature of etxtraordinary powers available only where no  express power is available to the high courts to do a particular thing , and where the express power does not negativate the existence of such inherent power. The jurisdiction under section 482 is discretionary , the high court may refuse to exercise the discretion if a party has not approached it with clean hands.

 

 

 

OBJECTIVE:

 

 

To highlight the use of inherent powers by the high courts  under the Code of Criminal Procedure especially  for quashing of FIR or criminal complaints  before the filing of a chargesheet.

 

 

SCOPE :

 

The scope of the report is limited only to the quashing of FIR and highlighting some judgements delivered by the Supreme Court and the high courts in this context.

 

As per the scope of this section is concerned , it has a very wide scope. The inherent powers are only with the high courts and no other court can exercise these powers. The high courts are bound to exercise such powers whenever there is injustice done by the court below. Some of the inherent powers of the high courts are:

 

a)     quashing of  FIR

b)    quashing of complaint

c)     quashing of any order passed by the court below in revision etc.

 

In this report we are mainly concerned with quashing of FIR and criminal complaints.

 

 

 

 

 

MAIN TEXT:

 

 

1.     Section 482 :

 

It reads as follows :

 

“Saving of inherent power of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of 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.”

 

The section was added by the Code of Criminal Procedure (Amendment) Act of 1923. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely:

 

1.     to give effect to an order under CrPC,

to prevent abuse of the process of the court,
to secure the ends of justice.

 

The jurisdiction of the high court is confined to the courts subordinate to it in the state for which the high court has been constituted. An application under section 482 cannot be entertained by any court other than the high court. The inherent jurisdiction possessed by the high court under this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. Inherent powers under section 482 can be invoked only in the event when there is no other remedy open to the aggrieved party.

 

 

2. INHERENT JURISDICTION VESTED IN THE HIGH COURTS :

 

The inherent jurisdiction of the high court preserved under this section is vested in it by law within the meaning of article 21 of the constitution . The procedure for invoking the inherent powers may be regulated by rules which may have been or be framed by the high courts. The power to make such rules is conferred on the high court by the constitution. Where the rules were previously framed , they continue in force by virtue of article 372 of the constitution.

 

 

3. HIGH COURT NOT TO FUNCTION AS A COURT OF APPEAL OR REVISION :

 

While exercising powers under section 482 the court does not function as a court of appeal or revision. It also would not enter into the appreciation of evidence . Inherent powers are to be very sparingly exercised for compelling reasons, when where there has been any abuse of process of law or any glaring injustice.

 

 

4. NO INHERENT POWERS OF SUBORDINATE COURTS : 

 

Under CrPC , inherent powers are vested only in the high courtsand the courts subordinate to the high courts have no inherent powers. In bindeshwari Prasad singh  v  kali singh , the supreme court held that a magistrate has no inherent power to restore a complaint dismissed in default.

 

 

5. INHERENT POWER NOT TO BE INVOKED IN MATTERS COVERED BY SPECIFIC PROVISIONS :   

 

The inherent power of the high court under this section cannot be invoked in regard to matters which are directly covered by specific provisions of CrPC. Eg. the petitioner who has a remedy under s. 397 cannot be permitted to invoke s 482. The powers of high court under this section are indeed very wide . However, they can only be exercised in cases where there is such a palpable want of jurisdiction in the proceedings initiated, as would result in unnecessary harassment and oppression to the accused concerned. The section cannot be invoked to supplant the normal processes and inquiries by a tribunal prescribed in CrPC.

 

 

6. WHETHER A PERSON WHO HAS NOT APPLIED UNDER SECTION 482 CAN BE GIVEN RELIEF :

 

When the matter comes before the high court , it can exercise its power under s.482 irrespective of the consideration as to which of the parties has come before it. The high court can give relief even to the other accused who did not file any petition under this section.

 

When the matter is pending before the supreme court and that court has ordered the session judge to issue non bailable warrant for the arrest of the petitioners, the high court cannot exercise its power under this section.

 

 

 

7. WHEN ALTERNATIVE REMEDY AVAILABLE
:

 

If an effective alternative remedy is available , the high court will not exercise its powers under this section, specially when the applicant may not have availed of that remedy. The powers of this section are not usually invoked when there is another remedy available.

 

 

8. APPRECIATION OF EVIDENCE :

 

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.

 

When the high court quashed a criminal complaint on consideration of certain documents produced by the petitioner , it was held by the supreme court that the order of the high court was illegal, as only when the high court comes to a conclusion that no prima facie case is made out , based on the complaint and the documents accompanying it, that the court could quash the complaint.

 

 

 

VIEW OF THE SUPREME COURT:

 

 

The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence.

 

A two judge bench said that ordinarily criminal proceedings instituted against an accused must be tried and taken to logical conclusions under the Criminal Procedure Code (Cr.P.C.) and the High Courts should be reluctant to interfere into the proceedings at an interlocutory stage.

“However, if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed”, the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved, ruled the bench.

 

 

In the landmark case State of Haryana v. Bhajan Lal ( 1992 Supp.(1) SCC 335) :

 

A two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint:

 

1. The criminal complaint can be quashed when allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, prima facie constitute any offence or make out a case against the accused person.

2. The criminal complaint can be quashed when allegations made in the complaint are so absurd and inherently improbable that on the basis of which no prudent person can ever reach a conclusion that there are sufficient grounds for continuing the proceedings against the accused person.

 

3. The criminal complaint can be quashed when the allegations made in the

complaint and evidence collected in support of the complaint does not disclose the commission of any offence against the accused person.

 

4. The criminal complaint can be quashed when the complaint is manifestly attended with malafide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused person and with a view to spite him due to private and personal grudge.

 

5. The criminal complaint can be quashed when there is an express legal bar under any of the provisions of the CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and continuance of criminal complaint.

 

Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an investigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings.

 

 

In Pepsi Foods Ltd. v. Special Judicial Magistrate  (AIR 1998 SC 128) :

 

the Supreme Court of India observed that:

 

“Though the magistrate can discharge the accused at any stage of the trial if he considers the charges to be groundless, this does not mean that the accused cannot approach the High Court under section 482 to have the complaint quashed if the complaint does disclose the commission of a cognizable offence against the accused person. In this case the Supreme Court held that the order of the High Court  refusing to quash the complaint on the ground that alternate remedy was available under the CrPC to the accused person was not proper.”

 

 

 

However it has been held by the Supreme Court of India in Om Prakash Singh v. State of UP  (2004 CrLJ 3567) :

 

That ‘if a complaint discloses the commission of a cognizable offence, it would not be a sound exercise of discretion to quash the criminal complaint’.

 

 

 

In Indian Oil Corporation v. NEPC India Ltd. and Others (2006) 6 SCC 736 ) :

 

A petition under section 482 was filed to quash two criminal complaints. The High Court by common judgments allowed the petition and quashed the two complaints. The order was challenged in appeal to Supreme Court of India.

 

While deciding the appeal, the Supreme Court of India laid down following principles:

 

1. The high courts should not exercise their inherent powers to stifle or scuttle a legitimate prosecution. The power to quash criminal complaints should be used  sparingly and with abundant caution.

 

2. The criminal complaint is not required to verbatim reproduce the legal

ingredients of the alleged offence. If the necessary factual foundation is laid in the criminal complaint, merely on the ground that a few ingredients have not been stated in detail, the criminal proceedings should not be quashed.

Quashing of the complaint is warranted only where the complaint is bereft of

even the basic facts which are absolutely necessary for making out the alleged offence.

 

 

3. It was held that a given set of facts may make out (a) purely a civil wrong, or (b) purely a criminal offence or (c
) a civil wrong as also a criminal offence. A commercial transaction or a contractual dispute, apart from furnishing a cause of action for seeking remedy in civil law, may also involve a criminal offence.

 

As the nature and scope of civil proceedings are different from a criminal

proceeding, the mere fact that the complaint relates to a commercial

transaction or breach of contract, for which a civil remedy is available or has

been availed, is not by itself a ground to quash the criminal proceedings. The

test is whether the allegations in the complaint disclose a criminal offence or

not.

 

 

 

View of the High Courts :

 

 

In  Pasupati Banerji v. King (AIR 1950 cal 97)  :

 

The court has observed that

 

“In order to attract the provisions of section 182 of the IPC, it must be established that the person gave information to a public servant which he knew or believed to be false and that he intended thereby to cause the public servant to use his lawful power to the injury or annoyance of any person. It is not sufficient that the person had reasons to believe it was false or that he did not believe it to be true; what is necessary that the person must have positive knowledge or belief that it was false.”

 

 

In state of maharashtra v mohd yusuf noormohammad and others [1990 CrLJ 2106 (bom)] :

 

The high court held that , in the interest of peace, the right of  an individual to prosecute his complaint may be curtailed by the high court under section 482.

 

 

 

CONCLUSION :

 

So as per the following report we have seen that how the high courts uses its inherent powers and how important it is for the high courts to use these powers. Section 482 has a very wide scope and its really important for the courts to use it properly and wisely. Many a times it has been observed that when there is an issue of money for eg. Any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts.

 

Thus section 482 is very important for acquiring proper justice and to stop the public from filing fictitious complaints just to fulfill there personal grudges.

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