TMI Blog2018 (4) TMI 1891X X X X Extracts X X X X X X X X Extracts X X X X ..... s should exercise this power with great circumspect and should be loath to interfere. In the existing facts and circumstances of the case in hand, the efficacious and effective remedy was available to the petitioners to move the High Court under Sec.482/483 Cr.P.C for recalling the order impugned dated 15.3.2018 whereby application filed under Sec.70 (2) Cr.P.C was rejected. Whenever a case is demonstrated that the exercise of powers under Sec.482/483 is required to curb the abuse of the process of the court and to advance the cause of justice, the High Court would come forward to the rescue the petitioner. This remedy has not been availed by the petitioner in the matter in hand. Instead the extra ordinary writ jurisdiction under Art. 22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the petitioners as also Mr. R.D. Rastogi, Addl. Solicitor General, appearing for respondent/s, and perused the relevant documents available on record. Learned counsels appearing on behalf of the petitioner/s submit that arising out of a case registered for the offence under Sec.13(2) read with Sec. 13(1)(E) of the Prevention of Corruption Act, 1988 (hereinafter referred to be as Act of 1988 ), one more case also came to be registered against them under the Prevention of Money Laundering Act, 2002 (hereinafter referred to be as PMLA, 2002 ). The learned Trial Court took cognizance for the offence under Section 3 read with Sec.4 of PMLA, 2002 against the petitioners and proceeded to summon them by way of issuing non-bailabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned dated 15.3.2018. Learned counsel for the petitioners have place reliance on the judgments rendered in (i) Mahendra Gaur Vs. Registrar Vigilance, RHCB Jaipur (SB Cr. Misc. Pet. No.490/2012 and ors) decided on 2.4.2012; (ii) State of Haryana and ors. Vs. Bhajan lal and ors. reported in 1992 Supp (1) SCC 335; (iii) Surendra Kumar Sharma and anr. Vs. Ms. Annupama Saxena (SB Cr. Misc. Pet. No.5068/2017) decided on 11.10.2017 and (iv) Jagdish Vs. State of Raj. (SB Cr. Misc. Pet. No.595/2018) decided on 8.2.2018. Mr. R.D. Rastogi, Addl. Solicitor Geneal, appearing for the respondent/s , besides contesting the prayer on merits, has raised the preliminary objection with regard to maintainability of these writ petitions. It has been contend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate as representative of the community, on the other. This discretion should be properly exercised after taking all the attending facts circumstances under consideration. Thus, in my view, the preliminary objection raised by Mr. Rastogi, ASG is not covered by this norm/law. Another judgment rendered by Hon ble Supreme Court in Karuna Singh Vs. State (NCT OF DELHI) and anr. reported in (2012) 5 SCC 407, also does not appear to render any assistance in the present controversy. In the case of Karuna Singh (supra), the petitioner approached the Hon ble Apex Court under Art. 32 of the Constitution of India despite the fact that he had earlier approached the High Court at Delhi under Sec. 482 and 483 Cr.P.C and also through a separate writ peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an offence against the society as a whole. This cardinal principle should always be kept in mind before embarking upon exercising inherent power. The accused involved in an economic offence destabilizes the economy and causes grave incursion on the economic planning of the State. When the legislature entrusts the power to the police officer to prevent organized commission of the offence or offences involving moral turpitude or crimes of grave nature and are entrusted with power to investigate into the crime in intractable terrains and secretive manner in concert, greater circumspection and care and caution should be borne in mind by the High Court when it exercises its inherent power. Otherwise, the social order and security would be put i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o efficacious and effective alternate remedy is available to the petitioner. Even if an effort is made by the petitioners to do so, the courts should exercise this power with great circumspect and should be loath to interfere. In the existing facts and circumstances of the case in hand, the efficacious and effective remedy was available to the petitioners to move the High Court under Sec.482/483 Cr.P.C for recalling the order impugned dated 15.3.2018 whereby application filed under Sec.70 (2) Cr.P.C was rejected. Whenever a case is demonstrated that the exercise of powers under Sec.482/483 is required to curb the abuse of the process of the court and to advance the cause of justice, the High Court would come forward to the rescue the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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