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2008 (7) TMI 416 - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPURSmuggling - whether the court is not required to examine as to whether on the basis of the evidence on record, the accused can be convicted or not? Held that:- It is true that the powers under Section 482, Cr.P.C. are not readily exercised by the High Courts and particularly, when the two courts below have reached to the conclusion that it is not a fit case to proceed against the accused but when the very basis and foundation on the basis of which the courts proceeded appears to be just contrary to the settled legal position and when it appears that the allegations are of grave nature, then to see that justice be done and when dropping of the proceedings is against public interest, then the court can certainly exercise the powers under Section 482 Cr.P.C. as non-exercise of the powers by the court under Section 482 Cr.P.C. may also result into miscarriage of justice and that justice to public and sometimes that may cause injustice to the country. Looking to the above facts, this court is of the view that the order passed by the revisional court dated 4-10-2004 and the order passed by the trial court dated 12-4-2001 cannot be sustained and deserves to be set aside, hence, set aside. The trial court is directed to frame charge against the respondent under Section 135(1) of the Act of 1962 and proceed with the trial. The record be sent to the trial court forthwith. The accused shall appear before the trial court on 4-8-2008. The trial court is expected to complete the trial expeditiously and preferably on or before 31-12-2008 in view of the fact that the matter is old one.
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