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Sunday, October 17, 2010

QUASHING OF CRIMINAL CASES

SEC.482 OF Cr.p.c - when a case is filed as a counter blast to the case of other side, the later case is liable to be quashed . WHEN a cheque bouns case is filed against the one "x", later Mr.x filed private complaint against the payee, is not mainatainable and is liable to quashed. -482. 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 this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

COMMENTS

Quashing proceedings.—The Court should not, except in extraordinary circumstances, exercise its jurisdiction, under Section 482, Cr. P.C., so as to quash the prosecution proceeding after they have been launched. The power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too, in the rarest of rare cases; the Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint. The extraordinary or inherent power does not confer an arbitrary jurisdiction on the Court to act according to its whim or caprice. [State of Maharashtra v. Ishwar Piraji Kalpatu, 1996 Cr LJ 1127 (SC).

Where prima facie case is made out, FIR cannot be quashed under Section 482 Cr. P.C. [Vivay Kumar v. State of Punjab, 1996 Cr LJ 3070 (P &H).]

2009[1]A.L.D.S.C.200. ========== sec.482 of cr.p.c. - when there is a possibility of maintaining both civil and criminal cases = cheque bouns case UNDER SEC.405 AND 420 OF IPC and a suit for recovery of cheque amount = criminal proceedings are not liable to be quashed as it is a civil remedy case- 2009[1]A.L.D. S.C.83. ======== sec.482 cr.p.c. - while obtaining loan, and in collusion with bank officials , falsefication and forgery of accounts were taken place, then it is a criminal case and as such both civil and criminal cases are maintainable - civil case before debt recovery tribuanl and later compromise land setteled ,is no significance while taking cognizance of criminal case for the already commenced offences -2009 ALD [1] S.C. 976,

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