T F PARDIWALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 482, Cr. P.C. for quashing the proceedings pending against the petitioners in Criminal Case No. 249/78, M.K. Gupta v. T.F. Pardiwala and Ors. pending in the court of Munsif and Judicial Magistrate, Begun, Camp Rawatbhata and arises in the following circumstances.

(2.) THE accused -petitioner (1) Pardiwala is the Chief Project Engineer folding the charge of Rajasthan Atomic Power Project, Rawat Bhata and Narela. The accused petitioner (2) O.P. Bansal, who belongs to the cadre of RAS is the Chief Administrative Officer of the said project at Rawat Bhata The accused -petitioner (3) B.P. Srivastava Is the Chief Security Officer, Atomic power Project, Rawat Bhata, and is a retired police officer, and accused petitioner (4) Pritam Singh is the Assistant Security Officer, in the Raj as than Atomic Power Project, Rawat Bhata. A complaint was filed by the non -petitioner (2) against the four accused -petitioners in the court of learned Munsif and Judicial Magistrate. Begun, Camp Rawat Bhata, on May 26,1978 with the allegations that on 19 -5 -78 at about 4 P.M. a watchman, whose name he does not know, was sent at his house to call him. It was given out by the said watchman that he was required at Labour Welfare Centre at about 6 P.M. in connection with the quarter. When he reached the Labour Welfare Centre at 6 P.M. that day, all the four accused were present and they pressed him to withdraw the complaint which he had filed against the Chief Security Officer and Pritam Singh inconnection with the breaking open the locks of his quarter. But, when he did not agree to it, he was beaten and abused by the accused -petitioners. The learned Magistrate recorded the statement of the complainant under Section 200 and further recorded the statement of K.V. Sharma Under Section 202(1), Cr. P.C. and vide his order dated 27 -5 -78 took cognizance of an offence Under Section 323, 385 and 504, IPG against Pardiwala and Bansal. He also took cognizance Under Section 323, IPC against Mr. Srivastava and Under Section 323 and 342, IPC against Pritamsingh All the accused put in appearance and applications were filed by them for exempting them from personal appearance, which too was dis -allowed, and against that order a separate Misc. Application has also been filed which shall be disposed of by a separate order.

(3.) THE powers of this Court under Section 482, Cr. P.C. which are called inherent powers are unlimited and it is well settled that the court is required to exercise these powers either to prevent the abuse of the process of the Court or to give or to secure the ends of justice or to give effect to any order or the part of the order under the Code. In State of Karnataka v. L. Muni swamy and Ors. : 1977CriLJ1125 , their Lordships have dealt with the inherent powers of this Court in criminal and civil matters. It has been observed as follows: Gajandra Garkar J. who spoke for the Court observes in his judgment that it was not possible, desirable or expedient to lay down any inflexible rule which can govern the exercise of High Court's inherent jurisdiction. The three instances cited in the judgment as to when the High Court would be justified in exercising its inherent jurisdiction are only illustrative and can in the very nature of things not be regarded as exhaustive. 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 one conferred by Section 482 ought not to be encased within the straight -jacket of a rigid formula.