TMI Blog2004 (7) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... ao, G. Sateesh, D. Mahesh Babu, K.K. Mani, V. Sreedhar Reddy, Abhijit Sengupta, S. Sadasiva Reddy, S. Usha Reddy, P. Venkat Reddy and V.S. Mohan Rao, Advs. JUDGMENT Arijit Pasayat, J. 1. Leave granted in SLP (Crl.) Nos. 4702-4704/2003, 513/2003, 2190/2003, 2191/2003, 2632/2003, 2633/2003, 2636/2003 and 3463/2003. 2. By the impugned judgments the High Court of Andhra Pradesh has quashed the FIR filed by Prohibition and Excise officers alleging commission of offences under Andhra Pradesh Excise Act, 1968 (in short the 'Act') and the Andhra Pradesh Prohibition Act, 1995 (in short the 'Prohibition Act'). In all the cases the allegation was that the concerned accused was either transporting or storing black jaggery/molasses for the purpose of manufacturing illicit distilled liquor or was an abettor so far as the offence of manufacturing illicit liquor is concerned. On being moved by application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code ) by the concerned accused for quashing the FIR, the High Court accepted the plea holding that there was no material to show that the seized articles were intended to be used for manuf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... powers as are necessary to do the right and to undo a wrong in course of administration of justice on the principle quando lex a liquid aliquot concedit, conceditur et id sine quo res ipsa esse non potest (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the Section, the Court does not function as a court of appeal or revision. Inherent jurisdiction under the Section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the Section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercises of the powers court would be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecure the ends of justice were set out in some detail by this Court in State of Haryana v. Bhajan Lal 1992 CriLJ 527. A note 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 any, accompanying the FIR 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 F.I.R. 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 F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint cannot be proceeded with. In proceeding instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or acquittal. The complaint/F.I.R. has to be read as a whole. If it appears that on consideration of the allegations in the light of the statement made on oath of the complainant or disclosed in the F.I.R. that the ingredients of the offence or offences are disclosed and there is no material to show that the complaint/F.I.R. is mala fide, frivolous or vexatious, in that event there would be no justification for interference by the High Court. When an information is lodged at the police station and an offence is registered, then the mala fides of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, the High Court was not justified in quashing the FIR in the concerned cases. 12. So far as Criminal Appeal Nos. 1183/2003, 1193-1196/2003 and Criminal Appeals arising out of SLP(Crl.) Nos. 2191/2003, 2632/2003, 2633/2003, and 3463/2003 are concerned, we find that the FIR did not disclose commission of an offence without anything being added or subtracted from the recitals therein. Though the FIR is not intended to be an encyclopedia of the background scenario, yet even skeletal features must disclose the commission of an offence. The position is not so in these cases. Therefore, the High Court's interference does not suffer from any legal infirmity, though the reasonings indicated by the High Court do not have our approval. 13. In the ultimate analysis, Criminal Appeal Nos. 1180/2003, 1181/2003, 1184-1189/2003, 1191-1192/03 and Criminal Appeals arising out of SLP (Cri.) Nos. 4702-4704/2003, 513/2003, 2636/2003 are allowed and Crl. A. Nos. 1183/2003, 1193-96/2003, and Criminal appeals arising out of SLP (Crl.) Nos. 2191/2003, 2632/2003, 2633/2003 and 3463/2003 are dismissed so far as Criminal Appeal arising out of SLP (Crl.) No. 2190 is concerned, it is allowed in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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