- (1.) Leave granted.
(2.) Exercise of jurisdiction under the inherent power as envisaged in Section 482 of the Code to have the complaint or the charge-sheet quashed is an exception rather a rule and the case for quashing at the initial stage must have to be treated as rarest of rare so as not to scuttle the prosecution. With the lodgment of First Information Report the ball is set to roll and thenceforth the law takes its own course and the investigation ensues in accordance with the provisions of law. The jurisdiction as such is rather limited and restricted and its undue expansion is neither practicable nor warranted. In the event, however, the Court on perusal of the complaint comes to a conclusion that the allegations levelled in the complaint or charge-sheet on the face of it does not constitute or disclose any offence as alleged, there ought not to be any hesitation to rise up to the expectation of the people and deal with the situation as is required under the law. Frustrated litigants ought not to be indulged to give vent to their vindictiveness through a legal process and such an investigation ought not to be allowed to be continued since the same is opposed to the concept of justice, which is paramount. 2-A. Factual matrix, therefore, would thus be relevant in the matter of assessment of the situation as to whether 'civic profile' would outweigh the criminal outfit.
(3.) It appears that as against the initiation of proceeding on the file of 17th Metropolitan Magistrate, Hyderabad against the appellant under Sections 120-B, 418, 415 and 420 read with Section 34, Indian Penal Code, the respondents moved the High Court for quashing of complaint and the learned single Judge on 15th February, 1999 in Criminal Petition No. 5386 of 1998 did quash the complaint and hence the petitioner is in appeal before this Court. The learned single Judge while dealing with the matter came to a definite conclusion that the complaint does not disclose any offence having been committed by the accused-petitioner and as such allowed the petition for quashing of the complaint.;