Criminal Procedure Code, 1973
Section 482 read with Section 226 of the Constitution of India—Inherent powers of High Court—Invocation—Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the CrPC or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely—In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines—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 12]
Indian Penal Code, 1860
Sections 420, 467, 468, 471, 342, 386, 504 & 506—Fraudulent appointment of complainant as director of company—Quashing of FIR declined by High Court—Appeal—Allegations that accused persons are involved in illegal mining, etc. and are exploiting poor persons—Even if entire case of prosecution is believed or accepted to be true, none of ingredients to constitute the offence as alleged are disclosed—FIR in question came to be lodged after a period of fourteen years from the alleged illegal acts of appellants and in the FIR no specific date or time of the alleged offences has been disclosed—Entire case put up by the first informant on the face of it appears to be concocted and fabricated—Impugned order passed by High Court is set aside—Appeal allowed.
[Paras 10, 11 14]