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1 - 10 of 39 (0.27 seconds)Section 420 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 406 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
25. The scope of exercising power under Section 482 of Cr.P.C. and
the categories of cases where the High Court can exercise this power
relating to cognizable offences to prevent abuse of process of any
Court or otherwise to secure the ends of justice were laid down by the
Hon‟ble Supreme Court of India in „State of Haryana vs. Bhajan
Lal‟, 1992 Supp. (1) SCC 335. A note of caution was, however, added
that the power should be exercised sparingly and that too in rarest of
Crl. M.C. No.2877/2014 & Connected Matters Page 15 of 42
rare cases. The illustrative cases indicated by the Apex Court are as
follows: -
State Of Andhra Pradesh vs Golconda Linga Swamy And Anr on 27 July, 2004
In Golconda Linga Swamy's case (supra) it was also held that
it is neither possible nor desirable to lay down any inflexible rule
which would govern the exercise of inherent jurisdiction in the
enactment dealing with the procedure and provide with all cases that
possibly arise. When the complaint is sought to be quashed it is
permissible to look into material to assess what the complainant has
alleged and whether any offence is made out even if the allegations are
Crl. M.C. No.2877/2014 & Connected Matters Page 17 of 42
accepted in toto.
Devendra & Ors vs State Of U.P. & Anr on 6 May, 2009
Similarly, in the case of „Devendra & Ors. Vs.
State of Uttar Pradesh & Anr.‟, (2009) 7 SCC 495, Hon‟ble Supreme
Court observed that:
State Of Karnataka vs M. Devendrappa & Anr on 16 January, 2002
30. The above position was highlighted in „State of Karnataka vs.
M. Devendrappa‟, (2002) 3 SCC 89.
Kamal Kishore vs State Of Himachal Pradesh on 25 April, 2000
42. In order to justify arraying of the petitioner as an accused in the
case, investigating agency has taken shelter of written representation of
co-accused Ms. Madhu Singh and has subsequently claimed that the
property in question was sold by the accused Ms. Madhu Singh to the
petitioner with the apprehension that the property in question could be
attached by the investigating agency in order to recover the cheated
funds collected from the investors. The version of the co-accused is to
be analysed in backdrop of the fact that an investigation is primarily
instrumental in misappropriating cheated amount and the
representation is not a confessional statement. Apparently, belated
claim of accused Ms. Madhu Singh to question genuineness of the Sale
transaction does not hold ground, precisely for the reason that there
was no justification for protecting a property from its attachment,
which was already lying mortgaged with the bank and the accused
Crl. M.C. No.2877/2014 & Connected Matters Page 26 of 42
company was not in a position to repay the loan. When being
confronted with this situation, Mr. Kohli questioned the admissibility
of this statement at the stage of summoning itself. Reliance has been
placed in this regard on the judgment of this court reported as „Kamal
Kishore v. State through Delhi Administration' 1997 Cri.L.J.2106,
wherein this Court has observed: