TMI Blog2008 (6) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Court of Judicial Magistrate, First Class, Patna City was questioned in the petition filed before the High Court.1 2. Background facts as highlighted by the appellant in a nutshell are as follows: A raid was conducted on 4-1-1994 in the premises of Respondent 1 by four officers of the Bihar State Electricity Board. The appellant in each of the criminal appeal was a member of the raiding party along with others and one Ravindra Kumar Singh who was then functioning as Executive Engineer. Respondent 1 was arrested on the basis of first information report that was lodged with the police officials. Allegation against Respondent 1 was that he had committed theft of electricity attracting penal consequences under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court by the complainant that he did not want to proceed against the petitioner in the special leave petition but he would like to continue the proceedings so far as the others are concerned, the proceedings were accordingly quashed qua the petitioner in the SLP. 5. So far as the present appellants are concerned the High Court was of the view that this Court had interfered because of the concession made and, therefore, no case for interference was made out. The High Court did not attach importance to the fact that the complaint was lodged in February 1994 and there was no date indicated as to when the alleged demand was made. 6. Learned counsel for the appellant in each case submitted that the proceedings were sheer abu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion which merely recognises and preserves inherent powers of the High Courts. All courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in the course of administration of justice on the principle quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsae esse non potest (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the section, the court does not function as a court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. 8. In dealing with the last case, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under section 482 of the code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormation report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage. [See Janata Dal v. H.S Chowdhary 1992 4 SCC 305 and Raghubir Saran (Dr.) v. State of Bihar AIR 1964 SC 1.] It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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