9911796707
TMI Blog1996 (1) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... 1992. At 5.15 P.M. two Constables brought a truck bearing Registration No. HRX-3125 along with its driver, Khalasi and two other persons and reported that they found the truck coming speedily and crossing the Railway gate and did not stop even though the vehicle was asked to stop. They, therefore, chased the vehicle and stopped the same after some time and found that the truck has been loaded with pieces of iron tracks which were the property of B.C.C.L. On their enquiry about the documents, a copy of challan was shown but suspecting something wrong they brought the truck with the persons to the Police Station. The Sub-Inspector then found on checking that most of the iron loaded on the truck were the pieces of the track trolly used in B.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reciate the evidence on record and thereafter recording the finding that no prima facie case has been made out. Mr. Singh further contended that notwithstanding the well recognised principle enunciated by this Court that the power under Section 482 of the Code of Criminal Procedure should be exercised very sparingly and cautiously and only when the court comes to the conclusion that there has been an abuse of the process of the court, but in the case in hand the learned Judge examined the legality of the order of cognizance as a court of appeal and as such the order of the High Court is unsustainable in law. Mr. U.R. Lalit, learned senior counsel appearing for the respondent on the other hand contended that the High Court having examined th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nise the FIR/charge-sheet/complaint. In deciding whether the case is rarest of rare cases to scuttle the prosecution in its inception, it first has to get into the grip of the matter whether the allegations constitute the offence. It must be remembered that FIR is only an initiation to move the machinery and to investigate into cognisable offence. After the investigation is concluded and the charge-sheet is laid the prosecution produces the statements of the witnesses recorded under Section 161 of the Code in support of the charge-sheet. At that stage it is not the function of the Court to weigh the pros and cons of the prosecution case or to consider necessity of strict compliance of the provisions which are considered mandatory and its ef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by proceeding against the offender as it is an offence against the society as a whole. This cardinal principle should always be kept in mind before embarking upon exercising inherent power. 6. Bearing in mind the aforesaid parameters if the charge sheet and the F.I.R. filed in the case in hand are examined and the impugned order of the High Court is tested, the conclusion becomes irresistible that the High Court exceeded its jurisdiction by trying to appreciate the evidence and coming to a conclusion that no offence is made out. On examining the material on record and the impugned judgment of the High Court we are of the considered opinion that the High Court was wholly unjustified in invoking its inherent power under Section 482 of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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