S.V.Singh Rathore, J. - (1.) By means of this application u/s 482 Cr.P.C., the applicant has prayed that the F.I.R. dated 23.12.11 bearing case Crime No. 270/11 P.S. Fatanpur, Pratapgarh, District Pratapgarh and charge-sheet dated 19.1.2012 be quashed and also order dated 27.1.2012 passed by Chief Judicial Magistrate, Pratapgarh, by which the applicant was summoned, on the charge-sheet be quashed.
(2.) The submission of the learned counsel for the applicant is that his case is covered by the guideline No. 7 laid down by the Hon'ble Apex Court in the case of State of Haryana and others v. Ch. Bhajan Lal and others AIR 1992 SC 604 . It is further submitted that the matter regarding the genuineness of the 'will' is still pending before the court of competent Civil and Revenue jurisdiction, the F.I.R. of this case has been lodged after considerable delay of 10 years.
(3.) Law is settled on the point that the power u/s 482 Cr.P.C. has to be exercised sparingly. Hon'ble Apex Court in a recent judgment in the case of Sushil Suri v. Central Bureau of Investigation (2011) 2 Supreme Court Cases (Cri) 764 , in paragraph 16 has held as under:- "16. Section 482 Cr.P.C. itself envisages three circumstances under which the inherent jurisdiction may be exercised by the High Court, namely, (I) to give effect to an order under Cr.P.C.(ii) to prevent an abuse of the process of court; and (iii) to otherwise secure the ends of justice. It is trite that although the power possessed by the High Court under the said provision is very wide but it is not unbridled. It has to be exercised sparingly, carefully and cautiously, ex debito justitiae to do real and substantial justice for which alone the Court exists. Nevertheless, it is neither feasible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction of the Court. Yet, in numerous cases, this Court has laid down certain broad principles which may be borne in mind while exercising jurisdiction under Section 482 Cr.P.C. Though it is emphasised that exercise of inherent powers would depend on the facts and circumstances of each case, but the common thread which runs through all the decisions on the subject is that the Court would be justified in invoking its inherent jurisdiction where the allegations made in the complaint or charge-sheet, as the case may be, taken at their face value and accepted in their entirety do not constitute the offence alleged.";