All HC | Entertaining petitions under S. 482 at interlocutory stage filed with oblique motive to circumvent prescribed procedure results in miscarriage of justice

Allahabad High Court: Ram Krishna Gautam, J., dismissed this Application moved under Section 482 CrPC for being devoid of merits.

Counsel for the applicant, Nabi Ullah argued that a certain amount of money was advanced to the complainants and when demanded back false accusations were leveled against him and subsequently got lodged under Sections 354, 323 and 504 of the Penal Code. Moreover, there was no injury nor any such occurrence ever occurred. Thus, this Application, under Section 482 CrPC, a prayer for the exercise of inherent power by this Court for setting aside summoning order as well as an entire criminal proceeding of complaint case, was made by the applicants.

AGA, representing the State of U.P., had opposed this Application. It was submitted that the complaint was made right as the offences occurred. There is no precedent of having a medico-legal report because the ingredient of physical assault with the complainant was there, and a complaint can be made without there being any medico-legal report.

After analyzing the submission of the parties, the Court observed that previous proceedings filed by the accused persons reveals that there were intimate relation between the parties, but because of demanding back of money, advanced, this case came to be filed. Meaning thereby, both sides were acquainted with each other, but merely taking the ground of demanding back of money advanced, the applicants cannot seek the indulgence of this Court, for the exercise of inherent power, under Section 482 of CrPC. Moreover, it is not expected from this Court to meticulously analyze evidences at this juncture, rather it is a question to be decided at the time of trial by the Trial court.

Meaning thereby this inherent power is with High Court (i) to make such order as may be necessary to give effect to any other order under this Code (ii) to prevent abuse of the process of any Court (iii) or otherwise to secure the ends of justice. 

The Court observed the views in certain judgments of the Supreme Court. In State of A.P. v. Gaurishetty Mahesh, JT 2010 (6) SC 588 – While exercising jurisdiction under section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprehension of it accusation would not be sustained. That is the function of the trial Judge/Court.

In Popular Muthiah v. State, (2006) 7 SCC 296 Supreme Court had observed that “High Court can exercise jurisdiction suo motu in the interest of justice. It can do so while exercising other jurisdictions such as appellate or revisional jurisdiction. No formal application for invoking inherent jurisdiction is necessary. Inherent jurisdiction can be exercised in respect of substantive as well as procedural matters. It can as well be exercised in respect of incidental or supplemental power irrespective of nature of proceedings”. [Santosh v. State of U.P., Application U/S 482 No.  31442 of 2019, decided on 21-10-2019]

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