AIR 1960 SUPREME COURT 866 ::1961 AllCriR 12 ::1961 MadLJ(Cri) 21 ::1961 (1) SCJ 59 ::1960 3 SCR 388 ::ILR 1960 2 Punj 456

Supreme Court Of India

(From Punjab)*

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta , JJJ

(A) Criminal P.C. (5 of 1898) , S.561A— Inherent power of High Court - Nature and scope of - Power to quash criminal proceedings at an interlocutory stage - Cases in which power may be exercised indicated. The inherent power of High Court under S. 561A, Criminal P. C. cannot be exercised in regard to matters specifically covered by the other provisions of the Code. The inherent jurisdiction of the High Court can be exercised to quash proceedings in a proper case either to prevent the abuse of the process of any court or otherwsie to secure the ends of justice. Ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Code, and the High Court would be reluctant to interfere with the said proceedings at an interlocutory stage. It is not possible, desirable or expedient to lay down any inflexible rule which would govern the exercise of this inherent jurisdiction.(Para 6) Some of the categories of cases where the inherent jurisdiction to quash proceedings can and should be exercised are: (i) Where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceeding in respect of the offence alleged. Absence of the requisite sanction may, for instance, furnish cases under this category. (ii) Where the alleg....