HC: Inherent power not to be exercised when Lower Court’s decision is devoid of illegality/ irregularity (Read Order)

The Hon’ble High Court of Punjab and Haryana has dismissed a petition u/s 482 read with sec 167 (2) Cr.P.C. seeking quashing of the Lower Court’s order and the petitioner’s release on bail u/s 167 (2) Cr.P.C., on the grounds that the Lower Court’s decision did not suffer from any illegality or irregularity and therefore, this was not a case to exercise inherent power of the High Court.

Factual Background

The Petitioner, an accused for offences under Sections 302, 34, 120-B IPC and was sent to face trial. In the meanwhile, an application was preferred before Sub- Divisional Judicial Magistrate, seeking her release on bail u/s 167 (2) Cr.P.C.  This application was dismissed and hence, aggrieved by it, the present Petition was preferred before the Hon’ble High Court of Punjab and Haryana.

Case of the Petitioner

The petitioner filed the above mentioned application on the ground that the challan presented was incomplete in as much as the name of the doctor who conducted the postmortem was not mentioned in the list of the witnesses and the copies of FSL and postmortem reports were not attached, which made her eligible for getting bail u/s 167(2) Cr.P.C.

Findings of the Lower Court

The lower Court dismissed this application on the grounds that the postmortem report was available on record while non-availability of FSL report and doctor’s name cannot become ground for bail, when there were sufficient reasons to take cognizance of the case. Hence, the present petition was preferred by the aggrieved accused (the petitioner herein) u/s 482 read with sec 167 (2) Cr.P.C. seeking quashing of the Lower Court’s order and her release on bail u/s 167 (2) Cr.P.C.  

Reasoning and Decision of the High Court

Before deciding the merits of the case, the Court looked into the ‘ambit of Section 482 Cr.P.C’ to exercise inherent power of the High Court in making such necessary orders which are capable of giving effect to any order under Cr.P.C.; preventing abuse of process by any Court; or securing ends of justice. The Court dismissed the petition stating that the Lower Court’s decision did not suffer from any illegality or infirmity and therefore, the same did not call for exercise of inherent power of the Court.

Case Details

Before: Punjab and Haryana High Court  

Coram: Hon’ble Mr. Justice H. S. Madaan

Parties: Daljit Kaur v State of Punjab

Case No.: CRM-M-13065-2020

Decided On: 05.06.2020

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