ASHA AGGARWAL Vs. STATE

JUDGEMENT

(1.) THE present petition has been filed by the petitioner by invoking the jurisdiction under Section 482 of the Code of Criminal Procedure with request to quash the FIR no.204/2009, PS Kirti Nagar registered for the offence under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC & ST Act). The main contention of the petitioner is that the complaint/FIR does not disclose the main ingredients of Section 3 (1) (x) of SC & ST Act even if it is taken on the face value.

(2.) THE FIR was registered on the complaint of Engineer Omprakash, AE -III/WD -15/DDA. It was sent to Police Station through the Executive Engineer, Western Division No.15, DDA, New Delhi. The complaint is reproduced as under:

(3.) IT has been held by the Apex court in catena of judgments that the inherent powers under Section 482 Cr.PC though wide have to be exercised sparingly, carefully and with great caution and only when such exercise is justified. Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the court would be justified in invoking its inherent power to prevent such abuse of the process of law.