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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Anand – Appellant
Versus
State of Tamilnadu, Rep by. the Inspector of Police, District Crime Branch, Madurai – Respondent
ORDER :
L. VICTORIA GOWRI, J.
The present Criminal Original Petition projects a deeply disturbing narrative touching the integrity of the law-enforcement machinery itself. The allegations are not directed against an ordinary citizen, but against a police officer who, according to the prosecution, was entrusted with the solemn duty of combating serious crimes and tracing offenders. The accusation, in essence, is that the guardian of law himself became the manipulator of criminal process, the custodian of seized properties transformed into their clandestine possessor, and the protector of justice allegedly converted into its violator.
2. Simultaneously, the petitioner projects an equally serious allegation of institutional victimisation, contending that he has been selectively implicated upon fabricated narratives woven through contradictions, hearsay statements, procedural irregularities and belated allegations unsupported by legally admissible material.
3. Thus, this Court is called upon to examine whether the present prosecution deserves to be interdicted at the threshold in exercise of inherent jurisdiction under Section 528 BNSS corresponding to Section 482 Cr.P.C., or whether the a
Inherent jurisdiction under S. 528 BNSS (or S. 482 IPC) cannot be invoked to quash criminal proceedings if the material on record discloses a prima facie case, leaving factual disputes, contradiction....
Inherent powers to quash proceedings not exercisable to evaluate defences or conduct mini-trial; if allegations prima facie disclose cheating and breach of trust, case proceeds to trial despite accus....
Criminal proceedings are liable to be quashed under Section 528 BNSS when the final report fails to disclose the specific essential ingredients of the alleged offences, rendering the trial a futile e....
The High Court's inherent powers under Section 482 Cr.P.C. to quash FIRs are exercised sparingly to prevent abuse of process, necessitating sufficient grounds warranting quashing.
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