Landmark Judgment on application of the Inherent powers of High Court u/s 482 of Cr.P.C to Quash a proceeding as there is inadequate material to sustain the charge of prosecution.
There is no material on the record on which any tribunal could reasonably convict them for any offence connected with the assault on the complainant. This is one of these cases in which a charge of conspiracy is hit upon for the mere reason that evidence of direct involvement of the accused is lacking.
The saving of the High Court’s inherent powers, both in civil and criminal matters, is designed to achieve a Salutary public purpose which is that a Court proceedings ought not to be permitted to degenerate into a weapon of harassment or persecution. In a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceeding in the interest of justice.
State Of Karnataka vs L. Muniswamy & Ors on 3 March, 1977
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