STATE OF BIHAR versus SRI RA.IENDRA AGRAWALLA

STATE OF BIHAR versus SRI RA.IENDRA AGRAWALLA

The High Court erred in exercising its inherent power under Section 482 CrPC to quash the order of cognizance by appreciating evidence and concluding that no offence was made out. The allegations in the F.I.R. and material in the charge sheet do make out an offence under Section 414 IPC. The High Court exceeded its jurisdiction and was wholly unjustified in quashing cognizance.

Parties
Appellant: State of Bihar; Respondent: Sri Rajendra Agrawalla
Jurisdiction
India
Judgment Date
18 January 1996
Procedural Posture
Criminal Appeal / Appeal From High Court Order Quashing Cognizance
Outcome
Appeal allowed; High Court order quashing cognizance set aside.
Legal Topics
Inherent Powers Under Section 482 Cr PC, Quashing of Criminal Proceedings, Cognizance by Magistrate, Section 414 IPC
Criminal Law Inherent Powers Under Section 482 Cr PC Quashing of Criminal Proceedings Cognizance by Magistrate Section 414 IPC

Case Brief

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Parties

State of Bihar

Appellant

Sri Rajendra Agrawalla

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Quashing Cognizance

Legal Issues

  1. 1 Whether the High Court was justified in quashing cognizance under Section 414 IPC by invoking inherent powers under Section 482 CrPC

Ratio Decidendi

The High Court erred in exercising its inherent power under Section 482 CrPC to quash the order of cognizance by appreciating evidence and concluding that no offence was made out. The allegations in the F.I.R. and material in the charge sheet do make out an offence under Section 414 IPC. The High Court exceeded its jurisdiction and was wholly unjustified in quashing cognizance.

Court Disposition

Appeal allowed; High Court order quashing cognizance set aside.

Orders

  • The impugned order of the Patna High Court dated 5.3.1992 in Criminal Miscellaneous No. 475 of 1992 is quashed.
  • The Magistrate is directed to proceed with the trial against the respondent.