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2001 Supreme(P&H) 1337

NIRMAL SINGH
Krishan – Appellant
Versus
State Of Haryana – Respondent


Judgment

Nirmal Singh, J.

1. This is a petition under Section 482 of the Criminal Procedure Code (for short, "the Code") for quashing FIR No. 183 dated 22.6.1999 registered under Sections 498-A/406/323/506,I.P.C at Police Station Samalkha, District Panipat and the charge-sheet dated 24.11.1999.

2. At the hearing learned Counsel for the petitioner conceded that framing of charge is a revisable order and against that revision lies under the Code. When an alternative remedy is available under the Code, the petition under Section 482, Cr.P.C. is not maintainable. Reliance can be placed upon Balabhadra Dash and Anr. v. State of Orissa and Ors., 1991 Cri. LJ 2457, in which his Lordship has held as under :

"Inherent power is wide in nature and Section 482 in Cr.P.C. having been made to secure ends of justice or to pi event abuse of the process of Court, such power is to be exercised with great restraint. Wider would be the power, greater should be the restraint. Ordinarily trial of an accused in a criminal prosecution is to be concluded under the provisions of Criminal Procedure Code and High Court would be reluctant to conclude the same at an interim stage. Therefore, prayer for quashing





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