TILAK RAJ BAKSHI Vs. PREM CHAND

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure discloses how dangerous it was for Courts below to go on first impressions as to whether, on the facts and circumstances of the case, there was no ground to proceed with the prosecution of the accused respondent for an offence under section 420, Indian Penal Code. Broad facts giving rise to this petition are thus : -

(2.) AT the out set, the learned counsel for the respondent raises a preliminary objection that this court cannot in exercise of powers under Section 482, Code of Criminal Procedure, interfere in the orders of the Courts below merely because a wrong view of the matter has been taken. Rather it is asserted that a right view of the matter has been taken. I am not impressed by this argument This Court can always interfere whenever it appears to it that any order or proceeding of a criminal Court, subordinate to its jurisdiction, tends to be an abuse of the process of the Court or otherwise an order should be passed by this Court in the interest of justice. Now here, it is apparent that illustration (d) to section 415, Indian Penal Code, was not present in the mind of Courts below. This is to the following effect : -

(3.) THE parties through their are directed to put in appearance before the learned Magistrate on 4th of September, 1984.