Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2006 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2006 (4) TMI 534 - SC - Indian LawsHigh court jurisdiction u/s 482 Cr. P.C. - Rejection of the application - HELD THAT:- The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court 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. When the factual scenario is considered in the background of legal principle set out, the inevitable conclusion is that the High Court was not justified in rejecting the application in terms of Section 482 of the Code. This is a case when the cognizance was taken, summons were issued by mistake and the names of the appellants were also mentioned in the order dated 15.2.1999. Since the police have not found any material against the appellants, the learned CJM without following the procedure as indicated above could not have directed issuance of summons so far as they are concerned. There was no indication that learned CJM disagreed with the opinion of the investigating agency and therefore ordered issuance of summons. On the contrary, as noted by learned CJM later that was a mistake and, therefore, he had ordered to strike of the names of the appellants. The High Court's order is set aside. The names of the appellants shall be struck of from the array of accused persons. The appeal is allowed.
|