Excelsior Correspondent
Srinagar, Nov 5: High Court today said that the trial court must assess and consider whether the inherent powers under the section 482 of Criminal Procedure Code invoking for seeking quashing of trial court proceedings, complaint or FIR should be exercised or not.
Dismissing the plea seeking quashing of FIR registered with Police Station Batmaloo Srinagar, Justice Vinod Chatterji Koul recorded that the Section 482 of CrPC preserves the inherent powers of High Court to prevent an abuse of process of any court or to secure the ends of justice.
Justice Koul said 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 CrPC, must evaluate whether the ends of justice would justify the exercise of the inherent power.
“While 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. Petition on hand, when looked from all angles, requires and demands meticulous analyzation of facts by this Court as if it is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis impugned FIR, complaint and proceedings emanating there from”, reads the judgment.
While rejecting the prayer to quash the FIR in the instant case, Justice Koul said, this is not the aim and objective of provisions of Section 482 CrPC more particularly when present petition 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. In that view of matter petition on hand is liable to be dismissed. “For all that has discussed above, the instant petition, being CRMC no.54/2020 is without any merit and is, accordingly, dismissed”.
Under scoring the relevance of Section 482 of the Code of Criminal Procedures, Justice Koul said it provides that nothing in the Code shall be deemed to limit or affect inherent powers of the High Court to make such order as may be necessary to give effect to any orders under the Code, or to prevent abuse of the process of any Court or otherwise to secure ends of justice.
Justice Koul added that while exercising powers under Section 482 CrPC the Court, however, has to keep in mind that it should not ordinarily embark upon an enquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of it, accusation would not be sustained. and said, this is the function of Trial Court.
“Though judicial process should not be an instrument of oppression needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 CrPC, lest the Section becomes an instrument in the hands of accused persons to claim the differential treatment only because the accused persons can spend money to approach higher forums”, read the judgment.
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