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Som Mittal v. Govt. of Karnatka
Citation : 2008 (2) SCALE 108

Held :

“In a catena of decisions this Court has deprecated the interference by the high Court in exercise of its inherent powers under Section 482 of the code in routine manner. it has been consistently held that the power under Section 482 must be exercised sparingly with circumspection and in rarest of rate cases. Exercise of inherent power under Section 482 of the Code of Criminal Procedure is not the rule bit it is an exception. The exception is applied only when it is brought to the notice of the Court that grave miscarriage of justice would be committed if the trial is allowed to proceed where the accused would be harassed unnecessarily if the trial is allowed to linger when prima facie it appears to Court that the trial would likely to be ended in acquittal. In other words, the inherent power of the Court under Section 482 of the Code of Criminal Procedure can be invoked by the High Court either to prevent abuse of process of any Court or otherwise to secure the ends of justice."

Para 10

"This Court, in a catena of decisions, consistently gave a note of caution that inherent power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. This could also held that the High Court will not be justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the F.I.R or the complaint and that the extra-ordinary or inherent powers don’t confer an arbitrary jurisdiction on the Court to act according to its whims and caprice".

Para 11




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