TMI Blog2009 (2) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant No.3 are the parents of Sunder Babu. A.4-Rajinishree is his sister and Andalammal is his maternal grandmother. The marriage took place on 25/11/1998. The appellant No.1 left for USA on 1/7/1999. The complaint was filed on 6/2/2000 alleging commission of offence punishable under Sec.498A of the Indian Penal Code, 1860 (in short the `IPC') and Sec.4 of the Dowry Prohibition Act, 1961 (in short `D.P. Act'). The complaint was treated as First Information Report and investigation was undertaken. On completiion of investigation charge-sheet was filed on 8/6/2000. A divorce petition was filed by the complainant which appears to have been granted ex parte on 12/7/2001. According to the appellants, complainant- Sukanya has r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laint, 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 FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code. 3 Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4 Where, the allegations in the FIR do not cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessed before the enactment of the Code. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (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. No legislative enactment dealing with procedure can provide for all cases that may possibly arise. Courts, therefore, have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law. That is the doctrine which finds expression in the section whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As noted above, the powers possessed by the High Court under Sec.482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. 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 cours ..... X X X X Extracts X X X X X X X X Extracts X X X X
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