STATE OF PUNJAB & ORS. versus INDER MOHAN CHOPRA & ORS.

Citation: [2009] 2 S.C.R. 400 · Decided: 12-02-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2009] 2 S.C:R. 400 
A 
STATE OF PUNJAB & ORS. 
V. 
~ 
INDER MOHAN CHOPRA & ORS. 
Criminal Appeal No. 288 of 2009 
B 
FEBRUARY 12, 2009 
(DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM 
SHARMA, JJ.) 
Criminal Procedure Code, 1973 : 
c 
S. 482 - Inherent power under - Exercise of - Discussed 
and elaborated - High Court has come to an abrupt conclusion 
that the individual shares could be less than 1000 sq.m. -
This is not a relevant aspect for consideration - This will be 
adjudicated in trial - Orders of High Court quashed. 
D 
These two appeals have been fil~d against the 
judgment of the High Court allowing two petitions under 
.. 
s.482 .Cr.P.C. 
Allowing the appeals, the Court 
E 
HELD: 1. While exercising powers under Section 482 
Cr . .P.C., the Court does not function as a court of appeal 
· or revision. lnherentjurjsdiction under the Section though 
I 
wide has to be exercised sparingly, carefully and with 
.... 
caution and only when such exercise is -justified by the 
F tests specifically laid down in the Section itself. It is to be 
exercised ex debito justitiae to do real and substantial 
justice.for the administration of which alone courts exist. 
- Authority_ of the court e~ists for ~dvancement of justice 
and .if any attempt is made to abuse that authority so as 
G to produce injustice, -the court has power to prevent sµch · 
abuse. It would be an abuse of process of the court· to 
,,.. .... 
allow any action which would result in inJustice and 
t 
prevent promotion of justice. Ira exercises of the powers 
court would be justified to quash any proceeding if itfinqs 
H 
400 
STATE OF PUNJAB & ORS. V. 
401 
INDER MOHAN CHOPRA & ORS. 
that initiation or continuance of it amounts to abuse of A 
the process of court or quashing of these proceedings 
. would otherwise serve the ends of justice. When no 
offence is disclosed by the complaint, the court may 
examine the question of fact. When a complaint is sought 
to be quashed, It is permissible to look into the materials B 
to assess what the complainant has alleged and whether 
any offence is made out even if the allegations are 
accepted in toto. [Para 7) [ 406-E, F, G, H; 407-A, B] 
2.1 The powers possessed by the High Court under· 
Section 482 of the Code are very wide and the very c 
plenitude of the power requires great caution in its 
exercise. 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. High Court being the highest Court D 
of a State should normally refrain from giving a prima facie 
decision in a case where the entire facts 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 magnitude and E 
cannot be seen in their true perspective without sufficient 
material. Of course, no hard and fastrule can be laid down 
in regard to cases in which the High Court will exercise 
its extraordinary jurisdiction' of quashing. the proceeding 
at any stage.[Para 1 OJ [ 400-D, E, F, G] 
F 
2.2 It would not be proper for the High Court to 
analyse the case. of the complainant in the light ·of all· 
probabilities in order to determine whether a conviction 
WOUid. be sustainable and Ol'f such premises, arrive at a 
conclusion that the proce~dings are to be quashed. It G 
_,; 
1 
would be erroneous to assess the material before it and 
conclude that the complaint cannot be proceeded with. 
In procee~ing instituted on complaint, exercise of the 
inherent powers to quash the proceedings is called for 
-~- only in a case where the complaint does not disclose any H 
402 
, SUPREME COURT REPORTS 
[2009] 2 S.C.R. 
A offence or is frivolous, vexatious or oppressive. If the 
allegations set out in the complaint do not constitute the 
offence of which cognizance has been taken by the 
Magistrate, it is open to the High Court to quash the same 
in ex~n;~ise ef the inherent powers under Section 482 of 
13 
the Code. It is nQt, however, necessary that there should 
be meticulous analysis of the case before the trial to find 
out whether the case would end in conviction or acquittal. 
The complaint/F.l.R. has to be read as a whole. If it appears 
that Qn consideration of the allegations in the light of the 
statement made on oath of the complainant or disclosed 
C in the F.LR. that the ingredients of the offence or offences 
are d

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