TMI Blog2008 (12) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... tertaining an application u/s 482 of the Code. Even where a revision application is barred, as for example the remedy by way of Section 115 of the Code of Civil Procedure, 1908 this Court has held that the remedies under Articles 226/227 of the Constitution of India would be available. Even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred u/s 397(2) of the Code, the inherent power of the Court has been held to be available. The power of the High Court can be exercised not only in terms of Section 482 of the Code but also in terms of Section 483 thereof. Inherent power of the High Court is not conferred by statute but has merely been saved thereunder. It is, thus, difficult to conceive that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. It may be true, as has been noticed by the High Court that thereunder availability of appellate or revisional jurisdiction of the High Court did not fall for its consideration but in our considered opinion it is wholly preposterous to hold that Adalat Prasad [ 2004 (8) TMI 647 - SUP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercised if recourse can be taken by the Applicants to the remedy of filing a Revision Application under Section 397 of the said Code. In this view of the matter, the Application is rejected. Notwithstanding the rejection of this Application, it will be open for the Applicants to take out appropriate proceedings before the appropriate court. All contentions on merits are kept open. 5. By an order dated 30th April, 2007 a limited notice was issued. It reads: Issue notice limited to the question as to whether the matter should be directed to be considered afresh by the High Court keeping in view the fact that other matters wherein similar contentions have been raised are pending before the High Court. Dasti service, in addition is permitted. Liberty to mention after service is complete. 6. Mr. Siddhartha Dave, learned Counsel appearing on behalf of appellants would urge that the High Court committed a serious error in rejecting the application filed by appellants under Section 482 of the Code without entering into the merit of the matter. It was urged that reliance placed by the High Court on its earlier judgment in V.K. Jain and Ors. v. Pratap V Padode and Anr. 2005 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t would be held to be barred only because the revisional jurisdiction could also be availed of. (See Krishnan and Anr. v. Krishnaveni and Anr. 1997CriLJ1519 ). In fact in Adalat Prasad v. Rooplal Jindal and Ors. (2004)7SCC338 to which reference has been made by the learned Single Judge of the Bombay High Court in V.K. Jain and Ors. (supra) this Court has clearly opined that when a process is issued, the provisions of Section 482 of the Code can be resorted to. 11. It may be true, as has been noticed by the High Court that thereunder availability of appellate or revisional jurisdiction of the High Court did not fall for its consideration but in our considered opinion it is wholly preposterous to hold that Adalat Prasad (supra), so far as it related to invoking the inherent jurisdiction of the High Court is concerned, did not lay down good law. The High Court in saying so did not only read the said judgment in its proper perspective; it misdirected itself in saying so as it did not pose unto itself a correct question. In Amar Nath and Ors. v. State of Haryana and Ors. 1977CriLJ1891 it was opined: ...It was only with the passing of the impugned order that the proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt under Section 482 of the Code or Article 227 of the Constitution to have the proceeding quashed against them when no offence has been made out against them and still why must they undergo the agony of a criminal trial. 8. Jurisdiction under Section 482 of the Code has to be exercised with great care. In exercise of its jurisdiction the High Court is not to examine the matter superficially. It is to be seen if a matter, which is essentially of a civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice. This Court therein noticed a large number of decisions to opine that whenever the High Court comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of court and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade to abuse that authority so as to produce injustice, the court has power to prevent abuse. It would be an abuse of the process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers the court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. 14. It is interesting to note that the Bombay High Court itself has taken a different view. In a decision rendered by the Aurangabad Bench of the Bombay High Court, a learned Single Judge in Vishwanath Ramkrishna Patil (supra), where a similar question was raised, opined as under: It is difficult to curtail this remedy merely because there is a revisional remedy available. The alternate remedy is no bar to invoke po ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
