One of the factors mentioned by the Supreme Court is whether, in the opinion of the court, chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue. The sentence of death was the subject matter of a reference to the High Court. Where the allegations in the first Information Report and other materials, if any, accompanying the F. The consequences of the act complained of upon the financial or economic system will weigh in the balance. The views expressed in this article are solely of the authors of this article. In the instant case respondent No.
However, the Court clarified that the proceedings with regard to remaining offences shall continue. These powers are partly administrative and partly judicial. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts. But the position in regard to other kinds of criminal cases is not so categorical. Chief Justice Dipak Misra, Hon'ble Mr.
This is a function of the Trial Court. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. Your remedy is to move the High Court for police inaction. Power is not to be resorted to if there is specific provision in code for redress of grievances of aggrieved party 2. Exercise of inherent power under Sec.
These powers are neither limited nor curtailed by any other provisions of the Code. Any way you look at it, 283 billion liters of water is a lot of water-particularly in a world where over 1 billion people in the world cannot meet their basic water needs. There is also a further investigation which is an order from a Magistrate, this is known as a Naraji Petition where an aggrieved complainant is unhappy that the. The cruelty perpetuated on a women may be physical or mental. The issue raised by the petitioner in the present petition cannot be appreciated at this stage as the same can be gone to only at the time of trial. However, there are no limits of power of the Court but more the power more due care and caution is to be exercised invoking these powers. All the criminal courts are having such an auxiliary power subject to restriction which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else.
Section 482 confers inherent powers on the state high courts to intervene in any criminal proceedings, to prevent abuse of the process of the court and to secure the ends of justice. The general and consistent law is that the inherent power of the High Court under Sec. If that be so, simultaneous attachment of property cannot be effected. In the case of State of Haryana Vs. Omnibus allegations had been made against all the accused in respect of demand of dowry, harassment, torture and beating given to her during the period she stayed in the matrimonial home. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute.
The highlighted portions of the paragraphs extracted indicate that the Supreme Court proceeded on the footing that the offence of cheating was compoundable, that there was an enormous delay in completing the investigation, that the case was basically a civil dispute and that the decision was in the special facts of the case. Sharma supra and Janta Dal supra , since relied on by Mr. I have video recording of a. The High Court held that the charges are of a serious nature and the activities of the appellants render them a potential threat to society. The inherent powers are only with the high courts and no other court can exercise these powers.
Sometimes adverse media coverage adds to the misery. Now, when police has to answer the high court in the above quashing application, they are threatining us that they can book us under various sections or we should compromise with the builder. At the same time Judges and Magistrate should act with a certain amount of justice and fair play. In the special facts of the case, it appears to us that the decision of the High Court in quashing the complaints does not warrant any interference under Article 136 of the Constitution. The selection feature during registration helps in increasing the relevance of the content of the emails. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. What is my remedy in this case and what should I do? The hyper-technical view would be counter-productive and would act against interests of women and against the object for which this provision was added.
Sengupta had issued a memorandum of complete satisfaction of the charge even though there had been no repayment whatsoever. The complainant had also filed an affidavit to that effect. The provision does not confer new powers. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. On that date, pre-summoning evidence was filed by way of affidavits and the same was closed and the trial court passed the following order: From the perusal of the record and the statements of the said witnesses, I am satisfied that a prima facie case is made out against the accused under Section 135 of the Electricity Act, 2003. I have heard learned counsel for the parties and have also perused the order passed by the learned Magistrate.