Criminal Procedure Code, 1973
Section 482 read with Section 226 of the Constitution of India—Inherent powers of High Court—Invocation—Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to initiation/registration of the case as well as the materials collected in the course of investigation.
[Para 14]
Indian Penal Code, 1860
Sections 376-D & 506—Gang rape and criminal intimidation—Quashing of FIR declined by High Court—Appeal—In the entire FIR there is not a whisper of any allegation of rape or criminal intimidation against the appellant—Appellant has been named as the second accused—Other co-accused persons are directly or indirectly related to the appellant—Appellant has been shown as a history sheeter—If the FIR does not disclose anything against the appellant and even at the end of the investigation, if nothing incriminating has surfaced against appellant, then continuation of the criminal proceedings against appellant would be nothing but gross abuse of the process of law—In the absence of any particular allegation in the FIR against the appellant, the High Court should not have declined to quash the FIR by way of a cryptic order saying that appellant has criminal antecedents and FIR prima facie reveals commission of cognizable offences—High Court should have first inquired as to what type of allegations have been levelled against appellant—By just naming appellant in the FIR, offence cannot be said to have been committed by him—If any particular role is attributed or some kind of active participation is alleged in relation to the alleged offence, then it would be a different scenario—Rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well—There is nothing to indicate that appellant as one of the accused persons had committed the offence as alleged—No case is made out to put appellant to trial for alleged offence—Impugned order passed by High Court is set aside—Appeal allowed.
[Paras 11 to 16]