Nachhattar Singh vs State of Punjab and Another

Rameshwar Singh Malik, J.—Feeling aggrieved against the alleged false implication, petitioner has approached this Court by way of instant petition u/s 482 of Code of Criminal Procedure, invoking its inherent jurisdiction for quashing of FIR No.86 dated 30.7.2011 u/s 306 of Indian Penal Code, registered at Police Station Lambi, District Sri Muktsar Sahib. Learned Counsel for the petitioner vehemently contended that the petitioner has been falsely implicated in the present case. He further submitted that the petitioner had no role to play in the matter. He concluded by submitting that in view of the facts of the case, the instant petition deserves to be accepted and the impugned FIR was liable to be quashed.

I have heard the Learned Counsel for the petitioner and with his able assistance have gone through the record of the case.

After giving thoughtful consideration to the contentions raised and going through the record of the case, this Court is of the considered opinion that the present one is not a fit case for exercising inherent powers of this Court u/s 482 Cr.P.C. I say so for more than one reasons, being recorded hereinafter.

Firstly, during the course of arguments, Learned Counsel for the petitioner had no answer to the pointed question put by the court that it cannot be said that no case was made out against the petitioner, even after accepting the allegations leveled against him in the FIR, to be true on their face value.

Secondly, the allegations against the petitioner are direct and specific. This fact has also not been disputed on behalf of the petitioner.

Thirdly, the present petition does not fall in any of the parameters laid down by Hon''ble the Supreme Court in State of Haryana and others Vs. Ch. Bhajan Lal and others, . The law laid down by Hon''ble the Supreme Court in Bhajan Lal''s case (supra) has been constantly followed by Hon''ble the Supreme Court as well as this Court. Further, although, the inherent jurisdiction of this Court u/s 482 Cr.P.C. is very wide yet it is also equally settled principle of law that the inherent powers u/s 482 Cr.P.C. are to be exercised sparingly and with circumspection.

Considering the totality of facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered opinion that since the present petition is bereft of any merit and without any substance, it must fail. Resultantly, the instant petition stands dismissed.