The main legal point established in the judgment is that the power under Section 482 Cr.P.C. should be sparingly used to prevent abuse of the court's process or to secure the ends of justice.

JUDGMENT :

Vikas Kunvar Srivastav, J.

The application in hand is moved under section 482 of Criminal procedure code,1973 by learned counsel on behalf of applicant-accused involved in case crime no.1147 registered under Sections 147, 149, 341, 332, 352, 336, 506 of IPC and Section 7 of Criminal Law Amendment Act in Police Station Gazipur, District Lucknow. The applicant seeks following reliefs-

"To quash/set aside the chargesheet submitted by police after investigation and the order dated 22.07.2011 summoning the accused in the case."

2. Heard the learned counsel for the applicant and the Learned AGA appearing on behalf of the state opposite parties. Perused the materials available on record.

3. Learned counsel has moved this application with grounds for the relief of quashing the chargesheet no.125 of 2011, submitted by police after investigation of case crime no.1147 of 2008 under Sections 147, 149, 341, 332, 352, 336, 506 of IPC and Section 7 of Criminal Law Amendment Act. The grounds as pleased are:-

"First information report was lodged by the Station Officer of Police Station Gazipur, District Lucknow dated 01.10.2008 reporting the incident that an Ex-MLA, 'Rajendra Singh Yadav' alongwith corporator, 'Smt. Malti Singh' and companions, more than two hundred in number, blocked the national highway near Surendra Nagar turning and thus obstructed the traffic. They were raising slogans using inflammatory and filthy words against government and the administration, they were delivering inflammatory speeches. When they were requested to remove the blockade from the road for the sake of public convenience, irritated thereby they jointly assaulted and made the police party, threatened and began to pelt the bricks and stones."

4. Learned counsel in the above context submits that the MLA and the corporator are members of well reputed family and elected representative of public. They individually have not used any filthy or derogatory word. Since at the time of incident the applicant was in power being leader of ruling party, in her connivance the police falsely implicated her.

5. Learned counsel further submits that none of the offence under Sections 147, 149, 341, 334, 352, 336, 506 of IPC and Section 7 of Criminal Law Amendment Act is made out from the allegations in F.I.R. then also the Investigating Officer, under the pressure of leaders of the ruling party, submitted the chargesheet without any materials to support the constitution of offence thereunder.

6. Before entering into merit of the present application under Section 482 Cr.P.C., it would be relevant to keep into mind the scope and ambit of the said section and circumstances under which the extra ordinary power of the court inherent therein can be exercised. It is explained in a plethora of judgments of the Honorable the Apex Court. One of those judgments is, Inder Mohan Goswami v. State of Uttaranchal, (2007) 12 SCC 1, para 23 is quoted here under:

"This court in a number of cases has laid down the scope and ambit of courts powers under section 482 Cr.P.C. Every High Court has inherent power to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or to prevent abuse of the process of the court. Inherent power under section 482 Cr.P.C. can be exercised:

(i) to give effect to an order under the Code;

(ii) to prevent abuse of the process of court, and

(iii) to otherwise secure the ends of justice."

7. In the light of materials placed on record as well as ingredients of the concerned Sections of IPC and Criminal Law Amendment Act wherein the applicant is charged, Sections 147 and 149 from the offence falling under Chapter VIII of the IPC relate to, "offence against the tranquility", Section 146 of the IPC defines the 'rioting', ingredients to constitute offence are given under Section 146 IPC. It is constituted, when force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the criminal object of