TMI Blog2015 (12) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Deep Singh, AAG, Punjab ANITA CHAUDHRY, J. This is a petition filed under Section 482 Cr.P.C. seeking quashing of FIR No.99 dated 04.09.2012, registered under Sections 420, 465, 468, 471, 120-B IPC at Police Station Banur, District Patiala. The Excise and Taxation Officer gave a complaint to the police on the basis of which above said FIR was registered. The allegations were that Kapil Gupta was driver on a vehicle owned by Yadav Transport Company, Delhi. Kapil Gupta tried to register the forms at ICC, Banur without a vehicle or the goods on 04.09.2012 at 12:15 A.M. After getting the stamps on the bills and bilties, the driver asked for Harpreet Singh, the Tax Documents Clearance Executive, posted on the barrier. When he was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and in the entire episode and challan against them has been presented under Section 420, 465, 468, 471 IPC. The issue to be examined here is whether powers under Section 482 Cr.P.C. should be exercised in this case. It is settled that the inherent power which the Court possess under Section 482 Cr.P.C. can be exercised as an exception and not the rule. It envisages three circumstances under which the inherent jurisdiction can be exercised, which are:- (i) to give effect to an order under the Code, (ii) to prevent abuse of process of court (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. 8. In R.P. Kap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that too in rarest of rare cases. The illustrative categories indicated by this Court are as follows:- 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. 2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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