Shivani Thakur
Published on: June 8, 2022, at 20:02 IST
The Supreme Court reiterated that the Court interferes in felonious proceedings under CrPC Section 482, in rare and exceptional cases, to give effect to the vittles of the CrPC or to help abuse of the process of any Court or else to secure the ends of justice.
The Court has added, “While exercising governance under Section 482 of the CrPC, the High Court shouldn’t naturally embark upon an enquiry into whether there’s dependable substantiation or not. The governance has to be exercised sparingly, precisely and with caution only when similar exercise is justified by the specific vittles of Section 482 of the CrPC itself.”
The Bench of judges Indira Banerjee and A.S. Bopanna was hearing an appeal against decision of the Allahabad High Court allowing the Felonious eclectic Writ solicitation before it and quashing the March, 2021 FIR under Sections 419, 420, 467, 468, 471, 504 and 506 of the IPC.
The Bench recorded, “The Felonious Case/ FIR has been quashed in exercise of the power under Section 482 of the CrPC. A dupe of the FIR is included in the paperbook. In the FIR it’s stated that the indicted- repliers fabricated and forged a will of departed Ram Swaroop, S/ o Mathura Prasad and forged the autographs of Ram Swaroop on stolen stamp papers.”
“When this fact came to the knowledge of the plaintiff and to the knowledge of Sunderpal, he made enquiries from the indicted- replier, Vimlesh Kumar and his sisters, who used vituperative language and admitted to having forged the will.”
The Bench expressed the view the ex-facie, the claims in the FIR reveal an offence, and whether or not the individualities linked in the FIR committed the offence must be determined during the felonious proceedings.
“The Court interferes in felonious proceedings, in exercise of the power under Section 482 of the CrPC, in rare and exceptional cases, to give effect to the vittles of the CrPC or to help abuse of the process of any Court or else to secure the ends of justice.”
The Bench underscored, “The felonious proceedings can be said to be in abuse of the process of Court, to warrant intervention under Section 482 CrPC, when the allegations in the FIR don’t at each expose any offence or there are accoutrements on record from which the Court can nicely arrive at a finding that the proceedings are in abuse of the process of the Court.”
The Bench approved the appeal and capsized the impugned ruling, declaring that the High Court made a mistake in dismissing the complaint.