Excelsior Correspondent
Srinagar, Jan 17: High Court today refused to quash the plea seeking quashing of FIR by invoking inherent powers and said that extraordinary powers have to be exercised with great care.
Justice V C Koul has refused to quash the FIR which has been registered in Police Station Batmaloo for commission of offence under Section 366 IPC (Kidnapping, abducting or inducing woman to compel her marriage) against the accused involved in the offence.
The plea was filed under section 482 of criminal procedure code, seeking quashing of FIR and the court while refusing to quash the FIR against the accused has recorded that Section 482 CrPC, preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
The provision of section 482, court added, does not confer new powers and only recognises and preserves powers which inhere in the High Court. “The High Court, while forming an opinion whether a criminal proceeding or complaint or FIR should be quashed in exercise of its jurisdiction under Section 482 Cr. P.C., must evaluate whether the ends of justice would justify the exercise of the inherent power”, Justice Koul recorded.
Court said, the inherent power of the High Court has a wide ambit and plenitude, it has to be exercised to secure ends of justice or to prevent an abuse of the process of any court and the instant case, when looked from all angles, requires and demands meticulous analyzation of facts by this Court.
Court while elaborating the essence and importance of section 482 of CrPC which provides the inherent powers to high court to prevent the abuse of process of law by the courts below said, this is not the aim and objective of provisions of Section 482 Cr. P.C. more particularly when petition on hand does not make out any case that inherent powers are to be exercised to prevent abuse of process of law and to secure ends of justice.
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