Constitution of India – Art.226 – Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal proceedings – Invocation of extraordinary power u/Art.226 – FIR registered u/ss.406, 420, 323, 504, 506 and 120-B IPC against the accused, including the appellant-foreign national and Project Manager for defaulting in payment to the company – Appellant sought quashing of FIR – However, the High Court refused to quash FIR – Correctness:
Held: Normally, quashing of criminal proceedings would be sought and would be done in exercise of the inherent power of the High Court u/s. 482 – But that does not mean that it could not be done only in invocation of the extraordinary power u/Art. 226 – Extraordinary power u/Art. 226 or the inherent power u/s. 482 could be exercised by the High Court, either to prevent abuse of process of any Court or otherwise to secure the ends of justice – On facts, the High Court erred in refusing to exercise the extraordinary power u/Art. 226 to quash the FIR and all further proceedings in pursuance thereof, qua the appellant – Perusal of the FIR would reveal that the same did not disclose commission of offence as alleged without anything being added to the recitals thereof – Besides the vague allegations, the rest of them, even if taken as true, would not disclose the commission of any offence and make out a case against, the appellant – In such circumstances, asking the appellant to stand the trial would be nothing but an abuse of process of law and as such, non-interference by refusing to exercise the power to quash the FIR and further proceedings based thereon, would result in miscarriage of justice – Judgment passed by the High Court set aside – FIR and all further proceedings pursuant thereto, qua the appellant quashed and set aside. [Paras 6, 10, 12-14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.