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Anil Kumar Gupta Versus State of Punjab

2015 (12) TMI 1036 - PUNJAB AND HARYANA HIGH COURT

Petition filed under Section 482 Cr.P.C. seeking quashing of FIR - whether powers under Section 482 Cr.P.C. should be exercised in this case? - Held that:- There are allegations which constitutes an offence. Adequate material has been collected by the prosecution which they would prove at the trial. Considering the allegations and in view of the principles enunciated above, it is of the view that it is not a fit case where the powers under Section 482 Cr.P.C. should be exercised. - Crl. Misc. No .....

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ations 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 told that he was transferred to Shambhu Barrier, he produced some bills issued by M/s. Overseas Grain Merchants and Commission Agen .....

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tions were that forged documents had been prepared with an intention to cheat the government and intention was to get fake entries at the ICC. The involvement of Kapil Gupta and Anil Gupta, owners of Yadav Transport Company, Delhi and some more persons were suspected. Investigation are completed and challan had been presented against Anil Gupta and Kapil Gupta. The main submission on behalf of the petitioner is that the challan has been presented by the police without associating M/s. A.B. Trade .....

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re 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 .....

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rety do not constitute the offence alleged; (iii) Where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence is reliable or not or whether on a reasonable appreciation of it, accusation would not be sustained. That is the function of the trial Judge. The Section .....

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of caution was, however, added that the power should be exercised sparingly and 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 .....

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