16. Of more recent origin is the decision of this Court i n Mahmood Ali v. State of U.P. (Criminal Appeal No. 2341 of 2023, decided on 08.08.2023) o n the legal principles applicabl e apropos Section 482 Cr. P.C. Therein, it was observed tha t when an accused comes befor e the High Court, invoking eithe r the inherent power under S ection 482 Cr. P.C. or th e extraordinary jurisdiction unde r Article 226 of the Constitution, to get the FIR or the criminal proceedings quashed, essentiall y on the ground that such procee d ings are manifestly frivolous o r vexatious or instituted with t h e ulterior motive of wreakin g vengeance, then in such circu m stances, the High Court owes a duty to look into the FIR with c are and a little more closely. I t was further observed that it wi l l not be enough for the Court t o look into the averments made in the FIR/complaint alone fo r the purpose of ascertaining whether the necessary ingredient s to constitute the alleged offe n ce are disclosed or not as, i n f rivolous or vexatious proceed i ngs, the Court owes a duty t o look into many other attendin g circumstances emerging fro m the record of the case over a n d above the averments and, i f need be, with due care and c i rcumspection, to try and rea d between the lines.”
