LexCENTRAL BUREAU OF INVESTIGATION versus K.M. SHARAN
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[2008) 3 S.C.R. 101 ~- ... CENTRAL BUREAU OF INVESTIGATION A v. K.M. SHARAN (Criminal Appeal No. 351 of 2008) FEBRUARY 21,2008 B .. .J (ASHOK BHAN AND DALVEER BHANDARI, JJ.) Code of Criminal Procedure, 1973 - s.482 - FIR /charge- sheet for offences under /PC - Quashed by High Court - On appeal, held: Ingredients of the offences charged under are c made out justifying registration of the case - Hence quashing of FIR/charge-sheet not correct- Penal Code, 1860- ss.1208 and 193. s. 482 - Inherent power under- Scope and ambit of - .,r Held: Inherent power under the provision, though wide, have D to be exercised sparingly and with great caution - It should not be exercised to stifle legitimate prosecution- However, no hard and fast rule can be laid down specifying the cases where such power can be used. A criminal case was registered against the E respondent who was chairman of Delhi Development Authority. It was alleged that he had shown undue favour • to a company in respect of a project on having obtained < or having agreed to obtain illegal gratification. During search of the house of his son, huge cash amount was F recovered. His son claimed the amount to be of the respondent. Respondent tried to explain the receipt of the amount. Appellant found inconsistencies in the stand taken by the respondent and that of his son. After investigation, respondent was charge-sheeted u/s.120B G r/w s.193 IPC. .... Respondent filed petition u/s.482 Cr.P.C., seeking quashing of the FIR/Charge-sheet. High Court quashed. the same. Hence the present appeal. 101 H 102 SUPREME COURT REPORTS (2008] 3 S.C.R. .., .. A Disposing of the appeal, the Court HELD: 1.1. Inherent powers under Section 482 Cr.P.C. though wide, have to be exercised sparingly, carefully and with great caution and only when such B exercise is justified by the tests specifically laid down in this section itself. Authority of the court exists for the .. advancement of justice. If any abuse of the process '- leading to injustice is brought to the notice of the court, then the court would be justified in preventing injustice by invoking inherent powers in absence of specific c provisions in the Statute. [Para 18) [119-D] 1.2 The powers possessed by the High Court under Section 482 Cr.P.C. are very wide and the very plentitude of the power requires great caution in its exercise. The D 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. The High Court should normally refrain from giving a prima facie decision in a case where all the facts E are incomplete and hazy; more so when the evidence has not been collected and produced before the court and the issues involved, whether factual or legal, are of such magnitude that they cannot be seen in their true perspective without sufficient material. Of course, no hard • and fast rule can be laid down in regard to cases in which ~ F the High Court ought to exercise its extraordinary jurisdiction of quashing the proceedings at any stage. [Para 21) [120-D-G] Janata Dal v. H. S. Choudhary and Ors. (1992) 4 SCC G 305; Roy V.D. v. State of Kera/a (2000) 8 SCC 590; Zandu Pharmaceutical Works Ltd. and Ors. v. Mohd. Sharaful Haque and Anr. (2005) 1 SCC 122; Central Bureau of Investigation v. Ravi Shankar Srivastava, /AS and Anr. (2006) 7 SCC 188 - relied on. H lnder Mohan Goswami and Anr. v. State of Uttarancha/ CENTRAL BUREAU OF INVESTIGATION v. 103 -j· K.M. SHARAN .. and Ors. AIR 2008 SC 251 ; R.P. Kapur v. State of Punjab AIR A .. 1960 SC 866; State of Bihar and Anr. v. J.A.C. Saldanha and ' Ors. (1980) 1 SCC 554; State of West Bengal ~nd Ors. v. ... Swapan Kumar Gu ha and Ors. 1982 1 SCC 561 and State of Haryana & Ors. v. Bhajan Lal and Ors. (1992) Supp.1 SCC 335 and Indian Oil Corporation v. NEPC India Ltd. and Ors. B .. (2006) 6 sec 736 .... referred to . .../ Connelly v. Director of Public Prosecutions 1964 AC 1254; Director of Prosecutions v. Humphrys 1977 AC 1- referred to. c 2.1 The High Court in its jurisdiction under section 482 Cr.P.C. was not called upon to embark upon the enquiry whether the allegations in the FIR and the charge- sheet were reliable or not and thereupon to render definite finding about truthfulness or veracity of the allegations. D 7' These are matters which can be examined
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