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2017 (8) TMI 1636 - HC - Indian LawsPrinciples of natural justice - non-compliance with the procedure under Section 340 Cr.P.C as well the mandatory provisions of Section 195 Cr.P.C. - whether the impugned order is vitiated in the eyes of law as the learned Chief Judicial Magistrate has not followed the procedure under Section 340 Cr.P.C as well the mandatory provisions of Section 195 Cr.P.C.? - HELD THAT:- In the instant case, the records reveal that offences under Sections 193, 196, 205 and 120B read with 149 of IPC are alleged to have been committed in a proceedings in a Court of law affecting the administration of justice. Section 340 of the Code provides the procedure for offences enumerated in Section 195(1)(b)(i) of the Code. According to the learned counsel for the petitioner, a complaint which is filed under Section 340 alleging commission of offences under Section 193, 196, 205 of the IPC can be proceeded only as per the procedure laid down in Section 340 of the Code and non-compliance would vitiate the prosecution. Of-course the provisions under Section 195 and Section 340 of the Code are to protect persons from needlessly harassed by vexatious prosecution due to personal vendetta or retaliation against any person. It is discernible from the records that the learned Sessions Judge keeping the settled principle of law in mind instructed the Chief Judicial Magistrate in the Revision Petition, to direct the investigating officer to have a full-fledged investigation by the police as persons who are not parties to the proceedings are also suspected to be involved in the alleged impersonation and fraud practiced upon the Court and that the report of the police can be made use of, as a material for considering whether a complaint has to be filed and what all are the offences committed - It is well settled that the inherent jurisdiction under Section 482 Cr.P.C has to be exercised sparingly and carefully with caution to avoid abuse of the process of the Court and prevent miscarriage of justice and to secure the ends of justice. Here, the alleged offences are of exceptional nature and gravity. Who all are the culprits involved in the alleged crime and their participation in committing the alleged offences have to be unearthed and booked for the same. The learned Chief Judicial Magistrate has to deal with the matter in accordance with the established proposition of law and record a finding on the basis of the report that will be submitted by the Investigating Officer after a full fledged investigation and the investigation is permitted to proceed with - It is well settled that the inherent jurisdiction under Section 482 Cr.P.C has to be exercised sparingly and carefully with caution to avoid abuse of the process of the Court and prevent miscarriage of justice and to secure the ends of justice. Here, the alleged offences are of exceptional nature and gravity. Who all are the culprits involved in the alleged crime and their participation in committing the alleged offences have to be unearthed and booked for the same. The argument advanced by the learned counsel for the petitioner that the order is vitiated in the eyes of law inasmuch as the mandatory provisions as envisaged under Section 340 of the Code have not complied with and the procedure adopted for registration of Annexure A1 FIR, suffers from grave error and calls for rectification, is devoid of merits. Application dismissed.
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