Court justified to quash any proceedings if it serves justice

New Delhi, Apr 18 (UNI) The Supreme Court has ruled that in exercise of powers, the court would be justified to quash any proceedings if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice.

A bench comprising Mr. Justices Arijit Pasayat and S.H. Kapadia vide judgment dated April 12 while setting aside the Patna High Court verdict ordered the striking of the names of two appellants from the list of accused persons, summons to whom were issued due to clerical mistake.

A case for criminal tresspass was registered on Aug. 20,1999 .

The police,however, filed charge-sheet against two persons and did not find evidence sufficient for sending appellants Minu Kumari and Runjhun Kumari and found that the ladies were not involved in the crime.

The magistrate, however issued summons against the appellants also along with two others namely Sheo Kumar Dubey and Harender Dubey holding that there was prima facie evidence against them. The Chief judicial magistrate, however ordered deletion of the names of the appellants on the ground that summons were issued to them due to clerical mistake. The District judge set aside the order of CJM holding that a magistrate has no power to recall or review his order. The High Court also dismissed the petition of the two appellants under section 482 Cr. P.C. for quashing of the proceedings .

The apex court held that when a magistrate decides not to take cognisance of an offence on the plea of insufficient evidence or ground then issuance of notice to informant for being heard is mandatory.

The court while saying that the High Court was not justified in rejecting the application in terms of section 482 Cr. P.C.

observed,"Authority of court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice,the court has power to prevent abuse. It would be an abuse of process of court to allow any action which would result in injustice and prevent promotion of justice.".

"The inherent powers under section 482 Cr.P.C. should not be exercised to stifle a legitimate prosecution,"the court concluded.

UNI AKS/SC RP RS1747