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1 - 10 of 23 (0.36 seconds)Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 9 in The Hindu Marriage Act, 1955 [Entire Act]
Section 13 in The Hindu Marriage Act, 1955 [Entire Act]
State Of Haryana vs Bhagwan Sahai And Others on 31 May, 2019
27. Having considered the facts and circumstances prevailing in
the present case as also after extending heed to all other
attending circumstances, including the subsequent facts which are
not in dispute, this Court finds that allowing to continue the
criminal proceedings in the present criminal case for offences
under Section 498-A and 323 IPC against petitioners would
amount to abuse of process of Court, and therefore, in order to
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render ex debito justitiae, it means to do real and substantial
justice, and in order to prevent an abuse of process of Court, the
impugned order of framing charge against petitioners is hereby
quashed, and consequentially, criminal proceedings against
petitioners, of Criminal Case No.1244/2005 (new case
No.140/2019) titled as State Vs. Bhagwan Sahay and Ors.
pending before the Court of Civil Judge Judicial Magistrate,
Chomu, District Jaipur are hereby ordered to be dropped but qua
petitioners only. Accordingly, both petitions stand allowed.
Dhariwal Tobaco Products Ltd.& Ors vs State Of Maharashtra & Anr on 17 December, 2008
Thus, this Court is of opinion that in such peculiar facts and
circumstances of the present case, it would not be just and proper
to not consider the petitions on merits and relieving the
petitioners to avail remedy of revision petition before the Sessions
Court first, that too after expiry of about more than sixteen years,
and after admitting these petitions for hearing, rather same would
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result in injustice, if these petitions are not considered and
decided on merits. Otherwise also mere availability of alternative
remedy of filing under Section 397 Cr.P.C., could not be a ground
to dismiss the petition under Section 482 Cr.P.C. without
considering on merits as has been held by the Apex Court in case
of Dhariwal Tobacco Products Limited and Ors. Vs. State of
Maharashtra and Anr. [(2009) 2 SCC 370] In that case, while
considering the wide magnitude of the inherent powers of the High
Court, which has been recognized and saved by virtue of Section
482 Cr.P.C., Hon'ble Supreme Court noticed the observations made
in case of CBI Vs. Ravi Shankar Srivastava reported in
[(2006) 7 SCC 188] which are as under :-
Central Bureau Of Investigation vs Shri Ravi Shankar Srivastava, Ias And ... on 10 August, 2006
Inherent
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jurisdiction under the section though wide has to be
exercised sparingly, carefully and with caution and only
when such exercise is justified by the 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 exists for advancement of justice and if any attempt
is made to abuse that authority so as to produce injustice,
the court has power to prevent abuse. It would be an
abuse of process of the court to allow any action which
would result in injustice and prevent promotion of justice.
In exercise of the powers court would be justified to quash
any proceeding if it finds that initiation/continuance of it
amounts to abuse of 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 to assess what the complainant has alleged and
whether any offence is made out even if the allegations are
accepted in toto."