DALBIR AND ORS. Vs. S.H.O.,R.S.BHOGPUR,DISTT.GHAZIABAD & ORS.
LAWS(ALL)-1998-3-156
HIGH COURT OF ALLAHABAD
Decided on March 11,1998

Dalbir and Ors. Appellant
VERSUS
S.H.O.,R.S.Bhogpur,Distt.Ghaziabad And Ors. Respondents

JUDGEMENT

J.C.MISRA, J. - (1.) THIS petition under Section 482, Cr. P.C has been filed for quashing the first information report dated 31-12-97 lodged at police station Bhojpur, district Ghaziabad having case crime No. 185/1997 under Sections 177, 407,408,420 and 468, I.P.C. on the ground that the F.I.R. does not disclose any of­fence and the controversy is purely of a civil nature.
(2.) THE learned A.G. A. raised prelimi­nary plea that since charge- sheet has not been submitted the petition is not main­tainable in view of the pronouncement of the Division Bench of this Court in A.S. Bindra v. Senior Superintendent of Police and Ors., Civil Misc. Writ Petition No. 1342 of 1997 decided on 16-12-97. The Division Bench held that the law Laid down in Full Bench decision of this Court in Ram Lal Yadava v. State of U.P., 1989 Cr. LJ. 1013: 1989 JIC (All) (FB), still holds good and no contrary view was taken by the Supreme Court. The learned Counsel for the ap­plicants contended that Supreme Court has held that the inherent powers of High Court can be invoked even before submis­sion of the report under Section 173, Cr. P.C. and since any law, Laid down by the Supreme Court is law of the land it has binding effect on all subordinate Courts under Article 141 of the Constitution.
(3.) SECTION 482, of the Code of Criminal Procedure provides that nothing in the Code shall be deemed to limit or effect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of process of any Court or otherwise to secure ends of justice.;


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