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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA, J.
Ravi Kumar - Petitioner
Versus
State of Himachal Pradesh & Anr. - Respondents
Cr.MMO No. 335 of 2018
Decided On : 14-03-2023
Code of Criminal Procedure, 1973 - Section 482 - Constitution of India, 1950 - Article 227 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20, 58 - Motor Vehicles Act, 1988 - Section 181 – Indian Penal Code, 1860 - Section 167, 193, 195, 347, 389, 384 and 511 - Prevention of Corruption Act, 1988 - Sections 7, 13(2), (1)(d) - Quash order - Smuggler - Falsely implicated in NDPS case - Petitioner is seeking quashing of order alongwith setting aside of criminal proceedings in Sessions Trial – It would be a travesty to hold that proceedings initiated against a person can be interfered with at stage of FIR but not if it has advanced and allegations have materialised into a charge-sheet. [Para 4(v)].
Finding of the Court: CBI had submitted its inquiry report before Court with its specific findings that allegations of false implication in FIR levelled by petitioner and his father were found to be correct and duly substantiated - Material now available in respect of false implication of petitioner was not available before learned Trial Court at time of framing of charge against him - It is manifest from record that case against petitioner was a product of malafide and falsehood - It falls within parameters laid down by Hon’ble Apex Court for exercise of inherent powers under Section 482 Cr.PC for quashing of proceedings - Continuation of judicial proceedings against petitioner would amount to abuse of process of Court and would not serve ends of justice - Rather, non-interference would result in miscarriage of justice - Proceedings pending against petitioner before learned Special Judge-II in Sessions Trial are set aside.
Result: Petition allowed.
JUDGMENT :
Jyotsna Rewal Dua, J.
The petitioner has invoked jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.PC) read with Article 227 of the Constitution of India for grant of following substantive prayer:-
In essence, the petitioner is seeking quashing of order dated 14.07.2016, vide which he was charged for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’), alongwith setting aside of criminal proceedings in Sessions Trial No.15/17/16, pending before the learned Special Judge-II, Mandi, H.P.
2. Heard Mr. N.S. Chandel, learned Senior Counsel for the petitioner, Mr. Y.P.S. Dhaulta, learned Additional Advocate General for respondent No.1 & Mr. Anshul Bansal, learned Special Prosecutor for respondent No.2-CBI and gone through the record.
3. Following facts are not in dispute:-
3(i). FIR No.21/2016, dated 23.01.2016, was registered at Police Station Sadar, District Mandi, under Section 20 of the NDPS Act and Section 181 of the Motor Vehicles Act. Petitioner and one Roshan Lal were the two accused persons therein.
3(ii). Regular bail petition, bearing Cr.MP(M) No.407 of 2017, was moved by the petitioner in this Court. Father of the petitioner-Sh. Ramesh Chand raised serious allegations in the petition that his son had been falsely implicated in the NDPS case by one Manjeet S/o Sh. Ramphal, resident of Village Diluwala, District Jind, Haryana in connivance with ASI Ram Lal, Constable Pradeep Kumar and SI Jai Lal working in H.P. Police. Father of the petitioner (Ramesh Chand) also alleged that the said Manjeet was a smuggler, having deep nexus in H.P. Police. That his son was called by aforesaid Manjeet to Mandi, Himachal Pradesh from his home at Gurugram, Haryana, through his mobile number. After two days, i.e. on 22.01.2016 and 23.01.2016, Manjeet demanded an amount of Rs.20 Lakhs from the petitioner. On petitioner’s refusal to pay, he was falsely implicated in the NDPS case in connivance with police officials. In fact, immediately after his arrest, similar complaints were made by the petitioner to the Chief Judicial Magistrate, Mandi and thereafter to the District & Sessions Judge, Mandi.
3(iii). Considering the serious allegations against the officials working in the Police Department and in view of the peculiar facts and circumstances of the case, while adjudicating the regular bail petition moved by the petitioner [Cr.MP(M) No.407 of 2017], the Court vide order dated 12.05.2017, observed that ‘it is imperative not only to instill confidence of the people in the system, but also to ensure credible investigations that the inquiry be handed over to a credible Investigating Agency’. Taking note of the exceptional situation, which had arisen, the Central Bureau of Investigation (CBI) (present respondent No.2) was directed to inquire into the complaints submitted by the petitioner and his father. Operative part of the order dated 12.05.2017 reads as under:-
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save preci....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
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