Karnataka High Court: A Single Judge bench comprising of John Michael Cunha, J. In the marriage her father spent Rs. This statutory power has to be exercised sparingly with circumspection and in the rarest of rare cases. When it was seen that the complainant is not coming for co-habitation, the accused No. Inherent powers under section 482 can be invoked only in the event when there is no other remedies open to the aggrieved party. This is something the Magistrate has to keep in mind. My builder built shops in place of my flats and even he took instalment from me and allot me the flat number and not to take any concent from me nor he was informed me to built shops there and agreement was signed in two copies i was signed and send to the buider but my copy not returned by builder after his signature.
According to the learned Advocate for the applicant, this is a fit case where such powers are required to be exercised. You were also rough to him most of the times. The Supreme Court in Madhu Limaye v. There is no discussion on the scope of Section 482 Cr. It is pleaded in the end that the registration of a criminal case against the petitioner is nothing but misuse of the process of law and, therefore, the First Information Report is liable to be quashed qua her.
This section reproduces section 561-A of the code of 1898 without any change. In simplest terms, quashing of criminal proceedings would mean ceasing the legal machinery which had been set in motion. In this case the complainant was given work of excavation of gravel and delivering it at work site of accused. The section does not confer any new power, but only declares that the High Court possesses inherent powers for the purposes specified in the section. Section 156 primarily deals with the powers of a Police office to investigate a cognizable case.
Therefore, the very jurisdiction of the Magistrate to order investigation would lie upon registration of a cognizable case. The criminal complaint is not required to verbatim reproduce the legal ingredients of the alleged offence. Beed against the present 21 CrApln 1716-2015 applicants is hereby quashed and set aside under Section 482 of Cr. In Sugeshan Transport Private Limited vs. Under Section 156 3 Cr. On 30th April, 1992, a complaint was lodged against her husband in the Women Cell, Delhi.
There is a tendency to involve all the relatives of the husband when the relations between the husband and the wife become strained. Third ground given was regarding conciliation which requires the appearance of the accused desirable. State of Uttarakhand held that the Court should restrain from exercising its inherent powers when facts of the case are incomplete and hazy and no evidence is produced before the Court. It is relevant to mention that Section 39 of the Code casts a statutory duty on every person to inform about commission of certain offences which includes offences covered by Sections 121 to 126, 302, 64-A, 382, 392, etc. 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. That order is challenged before us in this appeal by special leave. The section does not confer any new power, but only declares that the High Court possesses inherent powers for the purposes specified in the section.
In the case of Dilawar Singh v. Nevertheless, it is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction of the Court. It must disclose reasons in brief for closing the complaint and not proceeding further. Allowing the appeal the Apex Court held that an order taking cognizance merely on the basis of suspicion is liable to be quashed. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, i to give effect to an order under the Code, ii to prevent abuse of the process of court, and iii to otherwise secure the ends of justice. Judicial Officer, for his act of not clubbing cases, both filed against the same judgment of conviction and not disposing of both appeals at the same time.
It is now well settled that the High Court ordinarily would exercise its jurisdiction Under Section 482 of the Code of Criminal Procedure if the allegations made in the first information report, even if given face value and taken to be correct in their entirety, do not make out any offence. As seen from several cases, the Investigators have lack of legal knowledge to deal with the complaints viz. As on date, two contradictory views have been expressed by two learned single judges on this issue. This section would enable the courts for providing proper justice and also should be exercised to stop the public from filing fictitious complaints just to fulfill there personal grudges. Kotwali, Patiala making various allegations of torture and dowry demand against her husband and parents-in-law. However, another learned single Judge of this Court deferred with the aforesaid decision in K. In the instant case the First Information Report was registered on the basis of the application given by the opposite party No.
The complaint shall be accompanied by an affidavit as mandated by the Supreme Court in Priyanka Srivastava. The power to make such rules is conferred on the high court by the constitution. The power to quash criminal complaints should be used sparingly and with abundant caution. 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. So much was your negative attitude towards her that she had to remain most of the times confined in the apartment where you and my client had shifted.
The Inspector of Police, South Police Station, Thanjavur, Thanjavur District. The legal mandate enshrined in Section 154 1 is that every information relating to the commission of a? Court held both in the negative. It was specifically stated that the complainant was serving as a primary Teacher with Zilla Parishad School, Khatgaon, Tq. The procedure under Section 156 3 is more complex. The petitioner was posted as a Surgical Specialist at District Hospital, Bilaspur.
This Court will entertain an application under Section 482, Cr. It is only after practicing law as a litigating lawyer that you come to comprehend the various facets of law such as the facts which need a necessary mention in the pleadings and the facts which ought not to be mentioned. We have perused most of the petitions by spending substantial time. On perusal of the first information report it also appears that there is no material particular quoting any specific incident of visit or about 5 CrAppln 1693 18J illtreatment or harassment at the hands of applicants No. The builder is using his political links to evade arrest since september 2012. He prayed that the charge-sheet filed against the petitioner may be quashed.