RAMAUTAR CHOUKHANY Vs. HARI RAM TODI

JUDGEMENT

(1.) THE allegations contained in the complaint and the initial deposition of the complainant, even if they are taken at their face value, and accepted in their entirety do not constitute the offences alleged against the petitioner, accordingly, the petitioner claims that the case insofar as he is concerned is liable to be quashed under Section 482, Criminal p. C. for short "the Code". This is the sole contention of the petitioner,

(2.) THE contours of the jurisdiction of the High Court when it exercises its inherent powers under Section 482 of "the Code" have been set out by the Supreme Court amongst other decisions, in R.P. Kapur , Nagawwa; , Madhu Limaye and State of Karnataka v. L. Muniswamy

(3.) IN Muniswamy 1977 Cri LJ 1125 (supra) the contours of the wholesome power have been set out thus: The saving of the High Court's inherent powers both in civil and criminal matters is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or prosecution....The ends of justice are higher than the ends of mere law though justice has got to be administered according to laws made by the legislature..... (Emphasis added). After referring to the rules laid down in R.P. Kapur 1960 Cri LJ 1239 (SC) (supra) it has been observed that the three categories of cases (referred in Kapur) where the High Court would be justified in exercising jurisdiction Under Section 482 are only illustrative, and, cannot in the very nature of things, be regarded as exhaustive. It was observed: Considerations justifying the exercise of inherent powers for securing the ends of justice naturally vary from case to case and a jurisdiction as wholesome as the one conferred by Section 482 ought not to be encased within the strait jacket of a rigid formulae. These principles have been structured by their Lordships to achieve the salutary public purpose. Criminal proceedings should not be permitted to be degenerated into a weapon of harassment or a weapon of revenge. Apart from upholding the cause of justice amongst the contending parties the section ensures speedy trial and thereby upholds societal interest. The cases which must fail on the face of the available material need be terminated to grant relief to the accused. It wipes out backlog of cases. The genuine cases obtain precedence over cases having no merits. In terminating the life of such cases the anxieties, worries and sufferances of 'he contending parties are removed. The society is benefited. All these facets have been condensed in Muniswamy (supra) when their Lordships observed that Section 482 "is designed to achieve a salutary public purpose". Their Lordships also ruled that consideration justifying the inherent power should not be encased within the strait -jacket of a rigid formulae as the justifications to exercise the inherent powers for securing the ends of justice necessarily vary from case to case. Therefore if the allegation in the complaint petition and the initial statement do not make out a case against the petitioner 'he proceedings against the petitioner must be quashed Under Section 482 of "the Code".