Raja Ram Dubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 16334 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                   ON THE 9 th OF DECEMBER, 2022
              MISC. CRIMINAL CASE No. 57723 of 2022

BETWEEN:-
RAJA RAM DUBEY S/O LATE SHRI BETA LAL DUBEY,
AGED ABOUT 52 YEARS, R/O NAYAGAON TEHSIL
AJAYGARH POLICE STATION DHARMPUR DISTRICT
PANNA (M.P.) (MADHYA PRADESH)

                                                              .....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE AND SHRI ADITYA VEER
SINGH - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION DHARMPUR PANNA DISTRICT
      PANNA (M.P.) (MADHYA PRADESH)

2.    DESHRAJ BEDIYA S/O SHRI KHUNTI @ HALKE
      B ED I YA R/O VILLAGE BHONDU KI CHAKKI,
      TEHSIL      AJAYGARH,   POLICE  STATION
      DHARMPUR,      DISTRICT  PANNA (MADHYA
      PRADESH)

                                                           .....RESPONDENTS
(BY SHRI NARENDRA CHOURASIA - GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                   ORDER

Petitioner has filed this miscellaneous petition under Section 482 of the Code of Criminal Procedure making a prayer for quashing of proceedings pending before Special Judge, SC/ST (atrocities) Act, Panna and to quash order dated 24.11.2022 rejecting application under Section 216 for alter of charges.

2. Learned counsel appearing for petitioner submitted that petitioner has relied on judgment passed by Apex Court in case of Satish Mehra Vs. State of NCT of Delhi and another passed in SLP (Cr.) No.569/2012. Relying on said judgment, it is argued that inherent power of High Court under Section 482 of the Cr.P.C. is available not only at threshold of criminal proceeding but also at relatively advance stage thereof, namely, after framing of charge against the accused. In this case also, charges have been framed but same will not deprive the Court of its inherent power to exercise jurisdiction to quash the proceedings if prima facie it is found that no case is made out against the petitioner.

3 . Learned Government Advocate appearing for State opposed the

prayer and submitted that petition under Section 482 of the Cr.P.C. is not maintainable as petitioner has not challenged the charges framed against him.

4. Heard the counsel for the parties.

5. Inherent power of High Court under Code of Criminal Procedure described in Section 482 of the Cr.P.C. which is quoted as under:-

"Section 482 in The Code Of Criminal Procedure, 1973

482. Saving of inherent powers of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

6. High Court has inherent power to prevent abuse of process of Court and to secure the ends of justice. Inherent power of High Court will not be affected or limited by anything contained in Code of Criminal Procedure, 1973. However, such power is to be exercised sparingly in interest of justice. It is settled law that extraordinary remedy under Section 482 of the Cr.P.C. shall not

be resorted to when a party is having remedy of filing an appeal or revision. Petitioner has not challenged charges framed against him by the trial Court. Petitioner has remedy to challenge framing of charges or to challenge order cancelling his application under Section 216 of the Cr.P.C. Since, petitioner is having alternate and effective remedy for redressal of his grievance, therefore, High Court will not exercise its inherent power against framing of charges or to alter the charges.

7. In view of same, MCRC is dismissed.

(VISHAL DHAGAT) JUDGE shabana SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2022.12.15 12:40:02 +05'30'