TMI Blog2019 (7) TMI 1867X X X X Extracts X X X X X X X X Extracts X X X X ..... had the necessary ingredients of offences under Sections 307, 323, 427, 447 and 506(2) read with Section 34 of the IPC. This is not a fit case to quash the criminal proceedings - Appeal dismissed. - CRIMINAL APPEAL NO. 1082 OF 2019 (ARISING OUT OF SLP (CRL.) NO. 10762 OF 2018) - - - Dated:- 31-7-2019 - Dr. Dhananjaya Y. Chandrachud And Indira Banerjee, JJ. JUDGMENT Indira Banerjee, J. This appeal is against a judgment and order dated 30th August, 2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh dismissing Criminal Petition No.9225 of 2018 filed by the appellant under Section 482 of the Criminal Procedure Code (Cr.PC) to quash the criminal proceedings be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g CC No.508 of 2012 filed by the appellants, had been allowed by the High Court by an order dated 23rd July, 2018. 7. In the complaint filed in the instant case, it is, inter alia, alleged that the Appellants caused injuries on the body of the de facto complainant and made attempts to hit the de facto complainant on the head and hit him with an iron rod. It is further alleged that the Appellants openly threatened to kill the de facto complainant. 8. It is the case of the de facto complainant that the attempt to cause injuries on the head, which is a vital organ, could have resulted in the death of the de facto complaint. The High Court found in effect that the allegations in the complaint attracted the offences, punishable under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of justice. 14. For interference under Section 482, three conditions are to be fulfilled. The injustice which comes to light should be of a grave, and not of a trivial character; it should be palpable and clear and not doubtful and there should exist no other provision of law by which the party aggrieved could have sought relief. 15. In exercising jurisdiction under Section 482 it is not permissible for the Court to act as if it were a trial Court. The Court is only to be prima facie satisfied about existence of sufficient ground for proceeding against the accused. For that limited purpose, the Court can evaluate materials and documents on record, but it cannot appreciate the evidence to conclude whether the materials produced are suf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Magistrate taking cognizance of the offence. Reference may be made to M.A.A. Annamali v. State of Karnataka and Another 2010 (8) SCC 524 , Sharda Prasad Sinha v. State of Bihar AIR 1977 SC 1754 and Smt. Nagawwa v. Veeranna Shivlingappa Konjalgi and Ors. Air 1976 SC 1947 . The inherent power under Section 482 is intended to prevent the abuse of the process of the Court and to secure the ends of justice. Such power cannot be exercised to do something which is expressly barred under the Code. Reference may be made to Dharampal and Ors. v. Smt. Ramshri and Ors AIR 1993 SC 1361. 20. In rejecting the application, the High Court relied upon the judgment of this Court in the State of Haryana v. Bhajanlal 1992 Supp(1) SCC 335 where this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceeding is instituted) to the institution and continuance of the proceedings and/or where there is a 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. 21. In Dhanalakshmi v. R. Prasanna Kumar and Others 1990 Supp SCC 686 , cited by the High Court, this Court held that:- Section 482 of the Code of Criminal Procedure empowers the High Court to exercise its inherent powers to prevent abuse of the process of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed. The saving of the High Court s inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. In a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceeding in the interest of justice. The ends of justice are higher than the ends of mere law though justice has got to be administered according to laws made by the legislature. The compelling necessity for making these observations is that without a proper realisation of the object and p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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