The single judge bench of Justice Vivek Bharti Sharma of the Uttarakhand high court in the case of Naeem and others Vs State of Uttarakhand and others held that the inherent powers under Section 482 Cr.P.C. are to be used sparingly, with circumspection, and in the rarest of rare cases.
Brief Facts:
The present application is filed under Section 482 CRPC for quashing the charge sheet and summoning order passed by the 1st Additional Civil Judge under Sections 498-A, 506, 376, 511 of IPC and Section 3/4 of the Dowry Prohibition Act.
Contentions of the Applicant:
The learned counsel appearing on behalf of the applicants contended that the allegations in the FIR are completely general in nature which depicts that the FIR is based on false and fabricated allegations.
Contentions of the Respondents:
The learned counsel appearing on behalf of the Respondents contended that the FIR is not the encyclopedia of all the facts and there exist specific allegations against the applicants.
Observations of the Court:
The Hon’ble court observed that it is trite to say that the inherent powers granted by Section 482 Cr.P.C. should only be utilized in very rare circumstances. The Court must refrain from considering the merits of the charges when exercising its authority under Section 482 Cr.P.C. and must only consider the commission of a cognizable offence.
Based on these considerations, the Hon’ble Court didn’t find any merit in an application filed under section 482 Cr.P.C.
The decision of the court:
With the above direction, the Hon’ble Court dismissed the application.
Case Title: Naeem and others Vs State of Uttarakhand and others
Coram: Hon’ble Mr. Justice Vivek Bharti Sharma
Case No.: Criminal Misc. Application No.1421 of 2018
Advocate for the Applicant: Mr. Tapan Singh
Advocate for the State: Mr. S.S. Adhikari, DAG along with Mr. Balvindra Singh, Brief Holder
Advocate for the Respondent No. 2: Mr. Gaurav Singh
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