IMPORTANT POINT
In exercise of power under Section 482 of Cr.P.C., Court does not examine the correctness of allegations in a complaint except in exceptionally rare cases where it is patently clear that allegations are frivolous or do not disclose any offence.

ORDER

Venkata Jyothirmai Pratapa, J.—The instant petition under Section 482 of Code of Criminal Procedure, 1973 (In short ‘Cr.P.C’) has been filed by the petitioners/A.1 to A.3, seeking to quash the proceedings in F.I.R.No.142 of 2019 of Somandepalli Police Station, which was registered against them for the offences punishable under Sections 420, 355, 323 of Indian Penal Code, 1860 (In short ‘I.P.C.’) and Section 3 (1) (r) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In short, Atrocities Act, 1989).

2. Heard Sri Kata Sambasiva Rao, learned counsel for the petitioners and Ms. Prasanna Lakshmi, learned Asst. Public Prosecutor representing the State and the de-facto -Complainant, who is respondent No.2 herein.

3. Case of the petitioners/A-1 to A-3 succinctly is that, a false case was alleged against them in Crime No.142 of 2019 of Somandepalli P.S., stating that on 27.12.2019, they took an amount of Rs.4,00,000/- from the de-facto Complainant by offering a job to his son, but failed to provide any job. The de-facto Complainant and his wife approached the Petitioner No.1 and questioned him, then the Petitioner Nos.,1 to 3 beat him with Chappals and abused them touching by their caste and there is life threat from the petitioners. Basing on the above written report, case has been lodged against the Petitioners 1 to 3, for the offences referred supra.

4. Learned counsel for the petitioner would submit that, the petitioners and the de-facto Complainant and some others were cheated in the hands of one Wilson, against whom, Petitioner No.1 lodged a case, which is registered as Cr.No.14 of 2018 dated 5.2.2018. He would hence submit that the present case is a false one and deserves quashment.

5. Per contra, learned Asst. Public Prosecutor would submit that the allegations made in the written report submitted by the de-facto Complainant require investigation, and at this stage Court cannot say it is true or false. He would submit that since prima facie allegations are made out against the petitioners, this petition warrants dismissal.

6. Having heard the submissions of both the learned counsel, this Court has perused the material available on record. The point that would arise for determination is;

“Whether the case against the Petitioners is liable to be quashed by exercising jurisdiction under Section 482 of the Cr.P.C.?”

Determination by the Court

7. Before delving into the instant case, it is appropriate to chalk out certain settled principles of law in the exercise of jurisdiction under Section 482, which reads as follows;

Section 482- Saving of inherent powers of High Court

“Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

8. The idea behind conferring inherent power to the High Court to is to meet exigencies that may likely arise where the Cr.P.C. fails to provide a specific provision, for a given issue. To put it differently, no legislative enactment can be so complete a package to deal with the procedure concerning all causes that are likely to arise. It is for this reason that the Courts have certain inherent powers, in addition to the ones that are expressed by law, for the proper discharge of their functions and effective administration of justice.

9. Inherent powers, are as the word suggests, are inalienably present in the Court. They are not conferred, but are merely safeguarded and preserved by provision under Section 482 to the High Court. Once a Court, be it civil or criminal is required to administer justice, it becomes inherently essential to have the necessary powers to perform such functions, vide “quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest” (when the law gives a person anything, it gives him that witho