Keeping in view the principles laid down in State of Madhya
Pradesh (supra); the contents of paper book; the report received that the parties
have entered into a compromise and the fact that and the whole trial proceedings,
if allowed to continue will be a futile exercise, as has been held by this Court in
Kulwinder Singh and others versus State of Punjab, 2007(3) RCR (Criminal)
1052, the power under Section 482 Cr.P.C., is to be exercised Ex-Debitia Justitia
to prevent an abuse of process of Court. Though, the powers vested therein are
unfettered but shall be exercised sparingly with utmost care and caution since the
Court is a vital and an extra-ordinary effective instrument to maintain and control
social order.
Keeping in view the principles laid down in State of Madhya Pradesh
(supra); the contents of paper book; the report received that the parties have
entered into a compromise, there is probability that the accused are likely to be
acquitted and the whole trial proceedings, if allowed to continue will be a futile
exercise, as has been held by this Court in Kulwinder Singh and others versus
State of Punjab, 2007(3) RCR (Criminal) 1052, the power under Section 528 of
BNSS, is to be exercised Ex-Debitia Justitia to prevent an abuse of process of
Court. Though, the powers vested therein are unfettered but shall be exercised
sparingly with utmost care and caution since the Court is a vital and an extra-
MANOJ KUMAR
ordinary effective instrument to maintain and control social order.
Keeping in view the principles laid down in State of Madhya
Pradesh (supra); the contents of paper book; the report received that the parties
have entered into a compromise and the whole trial proceedings, if allowed to
continue will be a futile exercise, as has been held by this Court in Kulwinder
Singh and others versus State of Punjab, 2007(3) RCR (Criminal) 1052, the
power under Section 482 Cr.P.C., is to be exercised Ex-Debitia Justitia to
prevent an abuse of process of Court. Though, the powers vested therein are
unfettered but shall be exercised sparingly with utmost care and caution since
the Court is a vital and an extra-ordinary effective instrument to maintain and
control social order.
8. Keeping in view the principles laid down in State of Madhya
Pradesh (supra); the contents of paper book; the report received that the
parties have entered into a compromise and the fact that no specific injury has
been attributed to the petitioner and the accused are likely to be acquitted and
the whole trial proceedings, if allowed to continue will be a futile exercise, as
has been held by this Court in Kulwinder Singh and others versus State of
Punjab, 2007(3) RCR (Criminal) 1052, the power under Section 482 Cr.P.C.,
is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court.
Keeping in view the principles laid down in State of Madhya
Pradesh (supra); the contents of paper book; the report received that the
parties have entered into a compromise added with the fact that the trial is in
the midway, there is probability that the accused are likely to be acquitted
and the whole trial proceedings, if allowed to continue will be a futile
exercise, as has been held by this Court in Kulwinder Singh and others
versus State of Punjab, 2007(3) RCR (Criminal) 1052, the power under
Section 482 Cr.P.C., is to be exercised Ex-Debitia Justitia to prevent an
abuse of process of Court. Though, the powers vested therein are unfettered
but shall be exercised sparingly with utmost care and caution since the Court
is a vital and an extra-ordinary effective instrument to maintain and control
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social order.
9. The learned trial court while appreciating the evidence has found the statement of P.W.-1 Sarvesh Singh as reliable statement, who has named the accused appellant committing the crime. So far as the statement of P.W.-2 Shivpal Singh is concerned, the trial court has appreciated that in the examination-in-chief, this witness has named the accused, but has not relied on his cross-examination, which was carried out after 17 years, wherein he has denied the presence of accused committing the crime. The reason assigned for accepting his examination-in-chief and ignoring the cross-examination is the time gap in recording the same, relied on the case of Vikas Kumar Vs. State of Uttarakhand 1 and Kulwinder Vs. State of Punjab2, which dealt with the hostile witnesses. The trial court has also considered the statement of P.W.-7 Smt. Ramlali for acquitting the co-accused Virendra Singh and convicting the present appellant.
In Kulwinder Pal Singh v. State of
Punjab [Kulwinder Pal Singh v. State of Punjab, (2016)
6 SCC 532 : (2016) 2 SCC (L&S) 102] , this Court while
relying upon State of U.P. v. Rajkumar Sharma [State
of U.P. v. Rajkumar Sharma, (2006) 3 SCC 330 : 2006
SCC (L&S) 565] , observed as under : (Kulwinder Pal
Singh case [Kulwinder Pal Singh v. State of Punjab,
(2016) 6 SCC 532 : (2016) 2 SCC (L&S) 102] , SCC pp.
539-40, para 16)
"16. The learned counsel for the appellants
contended that when the other candidates were
appointed in the post against dereserved category,
the same benefit should also be extended to the
appellants. Article 14 of the Constitution of India is
not to perpetuate illegality and it does not envisage
negative equalities.