IMPORTANT POINT
If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Criminal Procedure Code.

Headnote:Criminal Procedure Code, 1973-Section 482-Andhra Pradesh Excise Act, 1968-Andhra Pradesh Prohibition Act, 1995-Quashing of FIR-Validity-Scope of Section 482 Cr.P.C. -FIR filed by Prohibition and Excise Officers alleging commission of offences under the Excise Act-Allegations that the concerned accused was either transporting or storing black jaggery/molasses for purpose of manufacturing illicit distilled liquor or was an abettor-High Court quashed FIR holding that there was no material to show that seized articles were intended to be used for manufacturing of illicit distilled liquor-Whether High Court was justified in quashing FIR-(No).
       Held : Exercise of power under Section 482 of the Code in a case of this nature is the exception and not the rule. The Section does not confer any new powers on the High Court. It only saves the inherent power which the Court possessed before the enactment of the Code. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. No legislative enactment dealing with procedure can provide for all cases that may possibly arise. Courts, therefore, have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law. That is the doctrine which finds expression in the Section which merely recognizes and preserves inherent powers of the High Courts. All courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in course of administration of justice on the principle quando lex aliquid alique concedit, conceditur et id sine quo res ipsa esse non potest (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the Section, the Court does not function as a court of appeal or revision. Inherent 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 such 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 exercises of the powers court would be justified to quash any proceeding if it finds that initiation or 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. (Para 5)
       Keeping in view the principles of law as enunciated above, the action of the High Court in quashing the FIR cannot be maintained so far as Criminal Appeal Nos. 1180-1181/2003, 1184-1189/2003, 1191-1192/2003 and Criminal Appeals arising out of SLP (Crl.) Nos. 4702-4704/2003, 513/2003, 2636/2003 are concerned. In all these cases there was either statements of witnesses or seizure of illicit distilled liquor which factors cannot be said to be without relevance. Whether the material already in existence or to be collected during investigation would be sufficient for holding the concerned accused persons guilty has to be considered at the time of trial. (Paras 9 and 10)
       So far as Criminal Appeal Nos. 1183/2003, 1193-1196/2003 and Criminal Appeals arising out of SLP (Crl.) Nos. 2191/2003, 2632/2003, 2633/2003, and 3463/2003 are concerned, we find that the FIR did not disclose commission of an offence without anything being added or subtracted from the recitals therein. Though the FIR is not intended to be an encyclopedia of the background scenario, yet even skeletal features must disclose the commission of an offence. The position is not so in these cases. Therefore, the High Court s interference does not suffer from any legal infirmity, though the reasonings indicated by the High Court do not have our approval. (Para 12)

JUDGMENT

Arijit Pasayat, J.-Leave granted in SLP (Crl.) Nos. 4702-4704/2003, 513/2003, 2190/2003, 2191/2003, 2632/2003, 2633/2003, 2636/2003 and 3463/2003.

2. By the impugned judgments the High Court of Andhra Pradesh has quashed the FIR filed by Prohibition and Excise officers alleging commission of offences under Andhra Pradesh Excise Act, 1968 (in short the Act ) and the Andhra Pradesh Prohibition Act, 1995 (in short the Prohibition Act ). In all the cases the allegation was that the concerned accused was either transporting or storing black jaggery/molasses for the purpose of manufacturing illicit distilled liquor or was an abettor so far as the offence of manufacturing illicit liquor is concerned. On being moved by application under Section 482 of the Code of Criminal Procedure, 1973 (in short the "Code") by the concerned accused for quashing the FIR, the High Court accepted the plea holding that there was no material to show that the seized articles were intended to be used for manufacturing of illicit distilled liquor. Accordingly the FIR in each case was quashed.

3. In support of the appeals, learned counsel appearing for the State of Andhra Pradesh submitted that the High Court s approach is clearly erroneous. These are not cases where there was no material to show the commission of a crime. Whether there was adequate material already in existence or which could have been collected during investigation and their relevance is essentially a matter of trial. The High Court was not therefore justified in quashing the FIR. The exercise of power under Section 482 of the Code is clearly indefensible.

4. Per contra, learned counsel for the concerned accused-respondents submitted that on mere surmises and conjectures that the black jaggery/molasses being transported or stored were intended to be used for the purpose of manufacturing illicit distilled liquor, the FIR was lodged. Suspicion however strong cannot be a ground to initiate criminal proceedings thereby unnecessarily harassing the innocent traders/transporters. In some cases, it was pointed out that there was absolutely no material to even show that the seized articles were intended for manufacturing illicit distilled liquor.

5. Exercise of power under Section 482 of the Code in a case of this nature is the exception and not the rule. The Section does not confer any new powers on the High Court. It only saves the inherent power which the Court possessed before the enactment of the Code. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. No legislative enactment dealing with procedure can provide for all cases that may possibly arise. Courts, therefore, have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law. That is the doctrine which finds expression in the Section which merely recognizes and preserves inherent powers of the High Courts. All courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in course of administration of justice on the principle quando lex aliquid alique concedit, conceditur et id sine quo res ipsa esse non potest (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the Section, the Court does not function as a court of appeal or revision. Inherent 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 t

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2004 Supreme(SC) 746

IMPORTANT POINT If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Criminal Procedure Code.

Cases Referred (13)

IMPORTANT POINT
If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Criminal Procedure Code.