IMPORTANT POINT
Ingredients of exercise of power u/s 482 discussed and applied.

JUDGMENT

IndiraBanerjee,J.

This appeal is against a judgment and order dated 30th August, 2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh dismissing Criminal Petition No.9225 of 2018 filed by the appellant under Section 482 of the Criminal Procedure Code (Cr.PC) to quash the criminal proceedings being PRC No.2 of 2018 pending against the Appellants in the Court of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District for offences punishable under Sections 307, 323, 427, 447 and 506(2) read with Section 34 of the Indian Penal Code (IPC).

2. The Appellants and the Respondent No.2, being the defacto complainant, are apparently close relatives and are embroiled in a partition suit being OS No.92 of 2012 filed by the Appellant No.2 in the Court of Additional District Judge, Narsapur, West Godavari District of Andhra Pradesh.

3. The Appellant No.2 had also filed a criminal complaint being Criminal Complaint No.518 of 2012 against the de facto complainant and others in the Court of the First Class Judicial Magistrate, Narsapur, West Godavari District under Sections 120B, 420, 463, 464, 466, 467, 468, 469, 470 and 471 of the IPC.

4. It is the case of the appellants that the de facto complainant has falsely implicated the Appellants as a counter blast to the Criminal Complaint No. 518 of 2012 filed by the Appellant No.2.

5. The Appellants filed the Criminal Petition No. 9225 of 2018 in the High Court under Section 482 of the Cr.PC for quashing the proceedings in PRC No.2 of 2018 on the allegation that there were civil disputes pending between the Appellants and the Respondents.

6. The Appellant also contended that an earlier application in the High Court under Section 482 of the CrPC being Criminal Petition No.13272 of 2014 for quashing CC No.508 of 2012 filed by the appellants, had been allowed by the High Court by an order dated 23rd July, 2018.

7. In the complaint filed in the instant case, it is, inter alia, alleged that the Appellants caused injuries on the body of the de facto complainant and made attempts to hit the de facto complainant on the head and hit him with an iron rod. It is further alleged that the Appellants openly threatened to kill the defacto complainant.

8. It is the case of the defacto-complainant that the attempt to cause injuries on the head, which is a vital organ, could have resulted in the death of the defacto complaint. The High Court found in effect that the allegations in the complaint attracted the offences, punishable under Sections mentioned in the complaint.

9. The High Court rejected the contention of the Appellants that the complaint was lodged as a counter blast, observing that the complaint of the Second Appellant was filed on 28th September, 2012 whereas the instant complaint was filed on 21st July, 2015 that is after almost three years.

10. It is the case of the Appellants that the Appellant No.1, who is working as Lecturer at Hyderabad has falsely been implicated. Whether the Appellant No.1 was at Hyderabad when the alleged incident took place, or whether the Appellants have falsely been implicated are questions of fact which have to be decided in the trial by adducing evidence.

11. The High Court concluded, and rightly, that it was open to the Appellants to adduce evidence to show that the Appellants and/or one of the them was not present at the time of the alleged offence.

12. The plenary inherent jurisdiction of the Court under Section 482 of CrPC may be exercised to give effect to an order under the Code; to prevent abuse of the process of the Court; and to otherwise secure the ends of justice.

13. The inherent jurisdiction, though wide and expansive, 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, that is, to make orders as may be necessary to give effect to any order under the Code, to p