The Himachal Pradesh High Court dismissed a petition, filed under Article 227 of the Constitution of India read with Section 482 of Cr.P.C. for setting aside the summoning order dated 6.1.2022, passed by learned Additional Sessions Judge. The Court observed that the High Court cannot conduct a mini-trial while exercising jurisdiction under Section 482 of Cr.P.C.
Brief Facts:
It has been asserted that the son of the petitioners got married to the respondent on 11.11.2011. He filed a petition for divorce against the respondent. Respondent filed a false complaint against the petitioners. Petitioners were summoned on 5.1.2017. The petitioners filed a revision petition against the summoning order dated 5.1.2017 but the petition was dismissed on 6.1.2022. The order passed by learned Judicial Magistrate First Class is challenged before this Court.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the documents placed on record clearly show that the respondent is unworthy of credit. There is no truthfulness in the complaint filed by her. Learned JMFC, Dharamshala erred in passing the summoning order and learned Sessions Judge, Dharamshala erred in dismissing the revision petition. Hence, he prayed that the present petition be allowed.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that it is not permissible to rely upon the material placed by the petitioner before the Court while exercising jurisdiction under Section 482 of Cr.P.C. He submitted that the complaint discloses the commission of a cognizable offense and the same should not be quashed.
Observations of the Court:
The Court noted that the High Court cannot conduct a mini-trial while exercising jurisdiction under Section 482 of Cr.P.C. The allegations are required to be proved during the trial based on evidence led before the Court.
The Court observed that power under Section 482 of Cr.P.C. can be exercised to prevent the abuse of process or secure the ends of justice. The Court can quash the F.I.R. if the allegations do not constitute an offence or make out a case against the accused. However, it is not permissible for it to conduct a mini-trial to arrive at such findings. The High Court exercising the power under section 482 of Cr.P.C. cannot examine the truthfulness, sufficiency and admissibility of the evidence.
The Court said that the first revision preferred by the petitioners was dismissed and there is a specific bar to filing the second revision. The inherent power under Section 482 of Cr.P.C. cannot be exercised when the petition has been filed in the nature of the second revision.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that it is not permissible to exercise the power under Section 482 of Cr.P.C. as a second revision and the petition is liable to be dismissed.
Case Title: Parshotam Katoch & Anr. v Monika
Coram: Hon’ble Justice Rakesh Kainthala
Case no.: Cr. MMO No. 373 of 2022
Advocate for the Petitioner: Mr. Naveen K. Bhardwaj
Advocate for the Respondents: Mr. Sanjay Jaswal
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