TMI Blog2002 (1) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... en by the CJM. Respondents - accused Nos. 1 2 filed application before the Karnataka High Court under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code'). They inter alia contended that the allegations made have not been borne out by the materials/evidence collected during investigation and continuance of proceedings against them would be against the ends of justice. Learned single judge noted that the substance of charge-sheet as stated in Form No. 7 was to the effect that for the year 1992-1993 and 1993-1994, the Excise Contractors Ranganatha Group were awarded the contract to act as excise contractors for the Tumkur District. The said Ranganatha Group sub-leased by way of General Power of Attorney (in short 'GPA') to accused No. 1 to act as Excise Contractor of Koratagere of Tumkur District. As a part of the arrangement, the said accused No. 1 M. Devendarappa was required to produce bank guarantee for the whole of Tumkur District at the rate of 1/10th amounting to ₹ 39,06,000/- from Nationalized Bank for the year 1992-1993. Similar was the position for the year 1993-1994 except that the original contractors were Yailappa and Ramachandr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble under Section 482 of the Code, the order, it is submitted, is erroneous. Learned counsel for the respondents/accused persons, however, submitted that when there is no scope for conviction, the continuance of the proceedings would have been an abuse of the process of Court. Further, persons whose roles have been highlighted by learned Single Judge to show involvement having not been made accused persons, and having been only indicated to be witnesses, the trial, if any, would ultimately be of no consequence. In substance, it was, therefore, submitted that the order does not suffer from any infirmity to warrant any interference. 6. Exercise of power under Section 482 of the Code in a case of this nature is the exception and not the rule. The section does not confer any new powers on High Court. It only saves the inherent power which the Court possessed 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 process of Court, and (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any infle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is a legal bar against the institution or continuance, e.g. want of sanction; (ii) Where the allegation in the first information report or complaint taken at its face value and accepted in their entirely 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. 8. In dealing with the last case, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is function of the trial judge. Judicial process should not be an instrument of oppression, or needless harassment. Court should be circumspect and judicious in exercising discretion and should take all rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 9. As noted above, the powers possessed by the High Court under Section 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. 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 course, no hard and fast rule can be laid down in regard to cases in wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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