G.B.PATTANAIK, UMESH C.BANERJEE
Medchl Chemicals & Pharma Pvt. Ltd. – Appellant
Versus
Biological E. Ltd. – Respondent
Judgment
Banerjee, J.—Leave granted.
2. Exercise of jurisdiction under the inherent power as envisaged in Section 482 of the Code to have the complaint or the charge-sheet quashed is an exception rather a rule and the case for quashing at the initial stage must have to be treated as rarest of rare so as not to scuttle the prosecution. With the lodgment of First Information Report the ball is set to roll and thenceforth the law takes its own course and the investigation ensues in accordance with the provisions of law. The jurisdiction as such is rather limited and restricted and its undue expansion is neither practicable nor warranted. In the event, however, the court on perusal of the complaint comes to a conclusion that the allegations levelled in the complaint or charge-sheet on the face if it does not constitute or disclose any offence as alleged, there ought not to be any hesitation to rise upto the expectation of the people and deal with the situation as is required under the law. Frustrated litigants ought not to be indulged to given vent to their vindictiveness through a legal process and such an investigation ought not to be allowed to be continued since the same is oppose
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