RAM SHANKAR MANI TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted. Heard the learned counsel for the appellant as well as the Counsel appearing for the state of Bihar and the Counsel appearing for the informant.

(2.) A complaint having been filed, the magistrate took cognizance of the offence and the accused on moving an application to the high Court under Section 482 of the Code of criminal Procedure, by the impugned order, the criminal proceeding has been quashed and thus the present appeal.

(3.) It is contended on behalf of the appellant that in exercise of power under Section 482, Cr. P. C. , the High Court was not justified in sifting the evidence and coming to a conclusion that the initiation of the complaint proceeding was with some oblique motive for wreaking vengeance. It is too well settled that the High Court should exercise its power under Section 482, Cr. P. C. sparingly and on consideration of the materials on its face value, if it comes to a conclusion that still no offence is made out, it would be open for the Court to invoke its power under Section 482, Cr. P. C. But the Court would not be justified in sifting the evidence as if it is exercising power of the court in trial and interfere with an order taking cognizance of the offence. In that view of the matter, the impugned order, on the face of it, is unsustainable in law. We set aside the impugned order of the High Court and direct the magistrate to continue with the proceeding. The appeal stands allowed accordingly.