SURESH KUMAR Vs. ALI MOHMED & ANR.

JUDGEMENT

(1.) This application under section 482 Cr. P. C. is preferred by the petitioner for quashing the criminal proceedings in criminal case No. 384 of 1977 pending against him. The petitioner is being prosecuted for an offence under section 406 I.P.C. The contention of the learned counsel for the petitioner is that the allegations made in the complaint do not constitute any criminal offence. A preliminary objection was taken by the learned counsel for the non-petitioner that the order taking the cognizance against the petitioner could be challenged in a revision. The petitioner did not avail of the remedy and, therefore, the petition under section 482 Cr. P. C. was not maintainable.

(2.) I have heard the learned counsel for the parties.

(3.) I do not propose to notice the arguments on the question of maintainability of the petition because by my decision in criminal Misc. application No. 189/1979 (Sadhu Maharaj Sundar Dasji & ors Vs. Babulal & ors) I have held that barring a few exceptions the inherent powers of the High Court cannot be exercised if a specific remedy has been provided under the Code Criminal Procedure for the redress of the grievance. However, in my opinion it is a fit case where an exception should apply in the case of R.P. Kapur Vs. State of Punjab (AIR 1960 SC 866) it was held that if the allegations made in the complaint do not constitute a criminal offence the inherent powers of the Court should be exercised to quash the proceedings. That apart the petition has not been filed against the order taking the cognizance. It is E against the continuation of the proceedings in the criminal case. In such circumstances it was thus observed by their lordships of the Supreme Court in the case of Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & ors. (BIR 1975 SC 1002) :