Hon’ble Supreme Court has laid down three categories of cases where the inherent jurisdiction could and should be exercised to quash proceedings:
(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.
Conclusion:
It is not a case where the appellant can justly contend that on the face of the record the charge levelled against him is unsustainable.
R.P. Kapur Vs State of Punjab 25 March, 1960
Citation: [1960 AIR 862], [1960 SCR (3) 311], [(1960) 3 SCR 388], [1960 CRLJ SC 1239], [1960 CRILJ 239], [1961 AWR 31 49], [1960 AIR SC 866]
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