LAWS(MEGH)-2018-5-2

SUBHASH CHANDRA SRIVASTAVA Vs. STATE OF MEGHALAYA

Decided On May 31, 2018
SUBHASH CHANDRA SRIVASTAVA Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The petitioner seeks quashment of the case registered as FIR No.76 (11)/2017 P/S Tura Women under Sections 506 and 509 of Indian Penal Code.

(2.) At the very outset, it is to be made clear that the power exercisable under Section 482 of CrPC is exceptionally permissible so as to ensure prevention of abuse of process of the Court or otherwise to secure the ends of justice. The scope for invoking the powers under Section 482 of CrPC has been prescribed in the judgment State of Haryana and Ors Vs. Bhajan Lal and Ors: 1992 Supp (1) 335. Paras 102 and 103 of the said judgment are advantageous to be quoted:

(3.) Applying the test as has been laid down by the Hon'ble Apex Court, no ground is forthcoming from the records which would persuade this Court to exercise the power. Though, in the memo of petition as many as 14 grounds have been projected in support whereof, reliance has been placed on the guidelines prescribed by the Hon'ble Apex Court in Bhajan Lal's case but on scrutiny of all such grounds, the guidelines prescribed in Bhajan Lal's case are not satisfied.