In the exercise of the
extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the
High Court under the following categories of cases are given by way of
illustration wherein such power could be exercised either to prevent abuse of
the process of any Court or otherwise to secure the ends of justice, though it
may not be possible to lay down any precise, clearly defined and sufficiently
channelised and inflexible guide- framed the kinds of cases wherein such power
should be exercised:
(a) 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;
(b) where
the allegations in the First Information Report and other materials, if any,
accompanying the F.I.R. 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;
(c) where the uncontroverted
allegations made in the FIR 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;
(d) where the allegations in the FIR
do not constitute a cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer without an order of
a Magistrate as contemplated under Section 155(2) of the Code;
(e) where
the allegations made in the FIR or complaint are so absurd and inherently
improbable on the basis of which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the accused;
(f) where
there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a
criminal proceeding 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;
(g) 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.
In cases where, the allegations made
in the complaint, do clearly constitute a cognizable offence justified on the
High court can quash the FIR.
For queries call Daniel & Daniel
@ 9884883318.
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