The inherent powers of the High Court under Section 482, Cr. P. C. can be invoked to quash an investigation if the F. I. R. does not disclose the commission of a cognizable offense, but not if materials have come to light as a result of the investigation disclosing prima facie commission of an offense by the accused.

LINGARAJA RATH, J.

( 1 ) THIS is an application invoking the powers of this Court under S. 482, Cr. P. C. for quashing the proceedings in G. R. Case No. 144 of 1986 pending in the court of the S. D. J. M. , Champua since the F. I. R. on the basis of which the investigation has started does not disclose any offence. The F. I. R. was lodged by the E-ecutive Officer, N. A. C. , Joda, on 3-4-86 stating that it had been found in course of audit of the accounts of N. A. C. for the year 1984-85 of the petitioner having misappropriated a sum of Rs. 1,302/- through adoption of fraudulent process and that the amount related to collection vide miscellaneous receipt Nos. 841 to 852. It is the petitioner's case that the audit referred to in the F. I. R. as its basis did not disclose any offence against the petitioner, much less found him to have misappropriated any money, and hence the F. I. R. being based on such audit report, the investigation commenced upon it is liable to be quashed. The petitioner has e-tracted the relevant portion of the audit report in the petition which runs as follows :-" X----- on verification of the stock register of the Misc. Receipt Books it was seen that Misc. Receipt Book No. 9 containing receipt Munda the then Cashier. The collection made in the receipt Nos. 841 to 857 amounting to Rs. 1302/- entered in the his cashier's cash book in fictitious manner. As such Sri Manguli Charan Munda, E--Cashier, now Control Inspector is responsible in the above case and the amount of Rs. 1302/- need to be recovered from him. In response to paras-10. 1. to 10. 12 above the E. O. agreed to effect recoveries from the persons at fault. In respect of all the above cases of misappropriation Sri Suresh Chandra Swain the then Head Clerk-cum-Accountant seriously defaulted without e-ercising proper supervision and check over the accounts matters. Sri B. D. Mohanty the then E-ecutive Officer also failed to e-ercise proper control. "

( 2 ) IT is fairly conceded by the learned Additional Government Advocate, as is evidenced by order No. 11 dt. 3-6-87, that the audit report on the basis of which the F. I. R. has been lodged does not disclose any offence under S. 409, I. P. C. The learned Additional Standing Counsel who ultimately conducted the case at the hearing stage, however, has contested the case raising two questions ) that an application under S. 482, Cr. P. C. does not lie to quash an investigation and that the powers under the section can be invoked only to quash a proceeding after cognizance has been taken, and (2) that in any view of the matter, since the investigation of the case was not stopped and during the investigation certain other statements have come in implicating the petitioner in a case of misappropriation, the power under S. 482, Cr. P. C. cannot be e-ercised to quash the investigation only because the F. I. R. does not disclose any offence.

( 3 ) SO far as the first submission is concerned, it stands liquidated by the weight of authorities. S. 482, Cr. P. C. saves the inherent powers of the High Court to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice. In terms, the section is not confined only to proceedings before the court after cognizance has been taken. This is a plenary power so as to secure the ends of justice and there is nothing which prevents the inherent powers of the court to reach its hands where an obvious injustice is perpetrated in the shape of investigation. E-amining the question in AIR 1960 SC 866 (R. P. Kapur v. State of Punjab) it was held that the inherent jurisdiction of the High Court can be e-ercised to quash proceedings in a proper case either to prevent the abuse of the process of any court or otherwise to secure the ends of justice though ordinarily the High Court would be reluctant to interfere with the said proceeding at an interlocutory stage and as an e-ample of the categories of cases where proceedings