In a criminal miscellaneous application under Section 482 Cr.P.C. seeking quashment of an order of cognizance in a maintenance proceeding under Section 125 Cr.P.C., the court held that the petition did not fall within the rare exceptions allowing quashment at the initial stage.
The CRLMC stands dismissed; order of cognizance and proceeding are not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.487 of 2011
Tikeswar Kanhar
…. Petitioner
versus-
State of Orissa and another
…. Opposite Parties
CORAM: JUSTICE S. PUJAHARI
ORDER
Order No.
22.06.2022
Page 1 of 3
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investigation to come to a conclusion whether prima facie material is there or not against the Petitioner.
“Exercise of jurisdiction under the inherent power as envisaged in Section 482 of the Code to have the complaint or the charge-sheet quashed is an exception rather than a rule and the case for quashing at the initial stage must have to be treated as rarest of rare so as not to scuttle the prosecution. With the lodgement of first information report the ball is set to roll and thenceforth the law takes its own course and the investigation ensues in accordance with the provisions of law. The jurisdiction as such is rather limited and restricted and its undue expansion is neither practicable nor warranted. In the event, however, the court on a perusal of the complaint comes to a conclusion that the allegations leveled in the complaint or chargesheet on the face of it do not constitute or disclose any offence as alleged, there ought not to be any hesitation to rise up to the expectation of the people and deal with the situation as is required under the law. To exercise powers under Section 482 of the Code, the complaint in its entirety will have to be examined on the basis of the allegation made in the complaint and the High Court at that stage has no authority or jurisdiction to go into the matter or examine its correctness. Whatever appears on the face of the complaint shall be taken into consideration without any critical examination of the same. But the offence ought to appear ex facie on the complaint. The truth or falsity of the allegations would not be gone into by the Court at this earliest stage. Whether or not the allegations in the complaint were true is to be decided on the basis of the evidence led at the trial.
Page 2 of 3
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(S. Pujahari) Judge
DA
Page 3 of 3
2 issues framed by the court
Whether the order of cognizance in a proceeding under Section 125 Cr.P.C. should be quashed under Section 482 Cr.P.C.
Whether the allegations against the petitioner disclose the ingredients of an offence.
Colour shows how this judgement treated each authority
Medchl Chemicals & Pharma (P) Ltd. v. Biological E. Ltd.Referred¶21
(2000) 3 SCC 269 · Who else cites this
2 provisions across 1 enactments
Tikeswar Kanhar
State of Orissa
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
