Krishna Rao Keshav vs State Of U.P. And Anr. on 14 August, 1996
In the matter of Shyam Lachmandas Ajwani (1991 Cri LJ 970) (supra) the Bombay High Court has held that the provisions of Section 482, Cr.P.C. relate to the inherent powers of the High Court which are conferred upon the High Court to see that there is no abuse of the process of the Court, and if the allegations in the complaint taken as they are do not disclose any offence punishable under Section 403, 406 or 409, I.P.C. the mere fact that the petitioner participated in the proceedings before the learned Magistrate on nine occasions cannot come in his way in challenging the prosecution against him. In the instant case no such point is in consideration. There is no objection that because of the participation in the proceedings in the complaint case the applicant is debarred from moving any application under Section 482, Cr.P.C. However, it cannot be said at this stage that the complaint case is a case of no evidence.