N. Krishnaswamy Reddy, J. - (1.) THIS petition has been filed under Section 561 -A, Criminal Procedure Code, to quash the charges framed against the petitioners in C.C.No. 487 of 1967 on the file of the Additional First Class Magistrate, Coimbatore.
(2.) THERE are no merits in this petition and the same has to be dismissed. On this view, it will not be necessary to set out in detail either the facts of the case or the discussion in respect of them. Sri V. T. Rangaswami Iyengar, the learned Counsel for the petitioners has requested that in case the petition has to be dismissed, the matter need not be discussed in detail lest any observation made in the order might cause embarrassment to the parties concerned in the course of the trial. The petitioners have invoked the inherent jurisdiction of this Court to quash the proceedings pending before the lower Court.
(3.) THE Supreme Court has clearly stated in R. P. Kapur v. State of Panjab : 1960 CriLJ 1239 , that the inherent jurisdiction of the High Court can be exercised in quashing proceedings in three categories of cases, namely, (1) where it manifestly appears that there is a legal' bar against the institution of the criminal proceeding in respect of the offence alleged; (2) where the allegations in the First Information Report or the complaint do not constitute the offence alleged; and (3) even where the allegations made against the accused person do constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. Applying this principle, it cannot be said that the charges framed by the Magistrate in the present case falls under any one of the categories.;