DELAY IN COMPLAINT(FILING) - Sundar Babu v. Tamil Nadu - 498a QUASH

REPORTABLE

      IN THE SUPREME COURT OF INDIA

    CRIMINAL APPELLATE JURISDICTION

     CRIMINAL APPEAL NO. 773 OF 2003

Sundar Babu & Ors.  Versus State of Tamil Nadu

                                  JUDGMENT

Dr. ARIJIT PASAYAT,J.


Long thereafter on 6/2/2000, the complaint was filed. No explanation for the delayed lodging of the complaint was offered. In essence, it was submitted that the continuance of the proceedings will be an abuse of the process of law. The prosecuting agency before the High Court contested the petition filed under Sec.482 Cr.P.C. taking the stand that a bare perusal of the complaint discloses commission of alleged offences and therefore it is not a case which needed to be allowed. The High Court accepted the stand of the respondent-State and dismissed the application. (para 3)

As noted above, the powers possessed by the High Court under Sec.482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage. 
(See: Janata Dal v. H.S. Chowdhary (1992 (4) SCC 305), Raghubir Saran (Dr.) v. State of Bihar (AIR 1964 SC1 ) and Minu Kumari v. State of Bihar (2006 (4) SCC 359). (See (2008) 11 SCALE 20) 
Consequently, the appeal deserves to be allowed. The proceedings in Criminal Petition No. C.C.No. 385/2000 pending before the Judicial Magistrate, Palladam, are quashed.

The appeal is allowed.

................. .J. (Dr. ARIJIT PASAYAT)
....................J. (LOKESHWAR SINGH PANTA)
...................J. (P. SATHASIVAM)

New Delhi, February 19, 2009.
















SUNDAR BABU & Ors V TAMIL NADU

CITATION: 2009 (14) SCC 244