Excelsior Correspondent
JAMMU, June 15: High Court today dismissed the petition filed by former PDP Minister Nayeem Akhtar Andrabi challenging the order of Trial Court in a defamation case filed by ex-Chief Minister Omar Abdullah.
A complaint under Sections 499 and 500 of the Ranbir Penal Code was filed by Omar Abdullah, former Chief Minister against Nayeem Akhter Andrabi mentioning that on August 25, 2010, the petitioner (Nayeem Akhter) while addressing a press conference at the office of People’s Democratic Party levelled false and defamatory allegations against him.
The Principal District and Sessions Judge, while taking account of the allegations and the record concomitant therewith, issued process vide order dated 29th September 2010, and bailable warrant in the amount of Rs 20,000 each was issued for securing presence of the accused.
Feeling aggrieved of complaint and the proceedings initiated thereon by the Trial Court, Nayeem Akhter Andrabi moved High Court seeking quashment of proceedings.
After hearing both the sides in length, Justice Vinod Chatterji Koul observed, “inherent powers cannot naturally be invoked with respect to any matter covered by specific provisions of the Code of Criminal Procedure”, adding “it is only where the High Court is satisfied either that an order passed under the Code would be rendered ineffective or that the process of any court would be abused or that ends of justice would not be secured, that the High Court can and must exercise its inherent powers under Section 482 of the Code”.
“This power can be invoked only in an event when aggrieved party is being unnecessarily harassed. The power under Section 482 CrPC is not intended to scuttle justice at threshold but to secure justice”, Justice Koul said, adding “when 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 reasonable appreciation thereof, accusation would not be sustained. That is the function of the trial Judge”.
“The powers possessed by the High Court under Section 482 CrPC are very wide and at the same time the power requires great caution in its exercise. The court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution”, Justice Koul further said.
With these observations, High Court dismissed the petition with the directions to the parties to appear before Trial Court on July 20, 2020.
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