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Tuesday, 20 March 2012

Criminal cases can't be quashed casually: SC

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Criminal cases can't be quashed casually: SC 
Clean Media Correspondent 
New Delhi: Mar 20: (CMC)   The Supreme Court on Monday said the courts cannot quash investigations in criminal offences in a casual manner as it would amount to miscarriage of justices and obstruction to the process of law. 
The apex court said the high courts can exercise its extraordinary powers under Section 482 CrPC to quash criminal cases only in exceptional cases and the power cannot be exercised in an arbitrary manner. 

"It is true that the inherent powers vested in the high court under Section 482 of the Code are very wide. Nevertheless, inherent powers do not confer arbitrary jurisdiction on the high court to act according to whims or caprice. 
"This extra-ordinary power has to be exercised sparingly with circumspection and as far as possible, for extra-ordinary cases, where allegations in the complaint or the first information report, taken on its face value and accepted in their entirety do not constitute the offence alleged," the apex court said.  

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