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Documents citing R. P. Kapur vs The State Of Punjab on 25 March, 1960

Rinku Choudhari vs The State Of Madhya Pradesh on 1 March, 2025

In R.P. Kapur v. State of Punjab [AIR 1960 SC 866 : (1960) 3 SCR 388] this Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings: (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; (ii) where the allegations in the first information report or complaint taken at their face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. (AIR p. 869) 10. In dealing with the last category, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 CrPC, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial Judge. Judicial process should not be an instrument of oppression, or, needless harassment. The court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the hands of a private complainant to unleash vendetta to harass any person needlessly. At the same time the section is not an instrument handed over to an accused to short-circuit a prosecution and bring about its sudden death.
Madhya Pradesh High Court Cites 22 - Cited by 0 - G S Ahluwalia - Full Document

Ganesh Traders vs District Collector, Karimnagar And ... on 12 November, 2001

50. The Apex Court in STATE OF HARYANA v BHAJAN LAL, , after reviewing entire case law including R.P. KAPUR'S CASE (supra) on the subject of quashing of criminal complaint/investigation under Article 226 and/or Section 482 Cr.P.C. pointed out that the power under those provisions should be exercised either to prevent abuse of process of any Court or otherwise to secure ends of justice. The Supreme Court pointed out the following categories of quashable cases by way of illustration.
Andhra HC (Pre-Telangana) Cites 128 - Cited by 25 - S B Sinha - Full Document

R.Sibiraj vs The State Of Tamil Nadu on 18 July, 2023

xviii) Whenever an interim order is passed by the High Court of “no coercive steps to be adopted” within the aforesaid parameters, the High Court must clarify what does it mean by “no coercive steps to be adopted” as the term “no coercive steps to be 17/20 https://www.mhc.tn.gov.in/judis adopted” can be said to be too vague and/or broad which can be misunderstood and/or misapplied.” 12.4. It is to be noted that the present case does not meet the parameters laid down by the Hon'ble Supreme Court in the decisions cited supra viz., R.P.Kapur Vs. The State of Punjab reported in AIR 1960 SC 866; State of Haryana & Ors. Vs. Ch.Bhajan Lal & Ors. reported in AIR 1992 SC 604 and M/s.Neeharika Infrastructure Pvt. Limited Vs. State of Maharashtra & Ors. reported in 2021 SCC Online SC 315. Moreover, I do not find any merit in the case of petitioner/accused.
Madras High Court Cites 20 - Cited by 0 - V Sivagnanam - Full Document

Chalasani Srinivas vs The State Of Ap on 24 February, 2025

17. In view of the same, this Court is of the opinion that if the criminal proceedings are continued against the petitioners herein, it would amount to abuse of process of law. Even as per the principle No.1 of the principles laid down in R.P. Kapur v. State of Punjab (1st Supra) if continuance of criminal proceedings against an accused may amount to the abuse of the process of the court or that the quashing of the impugned proceedings would secure the ends of justice, the Court can exercise power under Section 482 of Cr.P.C. and quash the proceedings. Applying the said principle to the present facts of the case and keeping in view the above discussion, I find that it is a fit case to quash the proceedings.
Andhra Pradesh High Court - Amravati Cites 16 - Cited by 0 - Full Document

Divicharan Lodhi vs The State Of Madhya Pradesh on 19 March, 2025

In R.P. Kapur v. State of Punjab [AIR 1960 SC 866 : (1960) 3 SCR 388] this Court summarised some categories of cases where inherent power can and should be exercised to quash the proceedings: (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; (ii) where the allegations in the first information report or complaint taken at their face value and accepted in their entirety do not constitute the offence alleged;
Madhya Pradesh High Court Cites 24 - Cited by 0 - G S Ahluwalia - Full Document

Pratik vs The State Of Jharkhand Through Home ... on 11 March, 2026

"32. The investigation into a criminal offence must be free from objectionable features or infirmities which may legitimately lead to a grievance on the part of the accused that investigation was unfair and carried out with an ulterior motive. It is also the duty of the investigating officer to conduct the investigation avoiding any kind of mischief and harassment to any of the accused. The investigating officer should be fair and conscious so as to rule out any possibility of fabrication of evidence and his impartial conduct must dispel any suspicion as to its genuineness. The investigating officer "is not merely to bolster up a prosecution case with such evidence as may enable the court to record a conviction but to bring out the real unvarnished truth". (Vide R.P. Kapur v. State of Punjab [AIR 1960 SC 866 : 1960 Cri LJ 1239] , Jamuna Chaudhary v. State of Bihar [(1974) 3 SCC 774 : 1974 SCC (Cri) 250 : AIR 1974 SC 1822] , SCC at p. 780, para 11 and Mahmood v. State of U.P. [(1976) 1 SCC 542 : 1976 SCC (Cri) 72 : AIR 1976 SC 69] )"
Jharkhand High Court Cites 74 - Cited by 0 - S K Dwivedi - Full Document

Bhiku Ram Jain Etc. vs Municipal Corporation Of Delhi And Ors. on 9 February, 1977

The various contingencies calling for the exercise of the inherent power have been enumerated by their Lordships of the Supreme Court in R. P. Kapiir's case (supra) holding that in exercising its jurisdiction under section 561-A the High Court would not embark upon an enquiry as to whether the evidence in question is reliable or not. That, it was observed, is the function of the trial magistrate, and ordinarily it would not be open to any party to invoke the High Court's inherent jurisdiction and contend that on a reasonable appreciation of the evidence the accusation made against the accused would not be substantiated and that broadly stated is the nature and scope of the inherent jurisdiction of the High Court under section 561-A in the matter of quashing criminal proceedings and that is the effect of the judicial decisions on the point.
Delhi High Court Cites 45 - Cited by 1 - Full Document
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