G.H. Guttal, J.- This application by the Accused No.1 in D.C.B., C.I.D., C.R. No. 252/88 of Malad Police Station, since committed to the Court of Sessions for trial, is for quashing the order of committal of the Petitioner made by the learned Additional Metropolitan Magistrate, 19th Court, Esplanade, Bombay.

2. Before setting out the facts on the basis of which the Petitioner has been charged, it should be noted that the inherent jurisdiction of the High Court can be exercised to quash the proceedings. The cases in which the proceedings may be quashed cannot be exhaustively laid down, but in R.P. Kapur v. State of Punjab.1, three broad categories have been laid down.

The Applicant bases his case on this ground. Even if all the accusations of the prosecution are taken at the face value and accepted in their entirety, they do not constitute the offence of conspiracy to commit the murder of the deceased Bhaskar. In exercising the jurisdiction which I am called upon to exercise, it is not open for me to embark upon an enquiry whether the evidence is reliable or not. I will have to accept as I will presently do-- the statements of every witness which purports to implicate the