Smt. Sandhya Chaturvedi v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 42374 of 2023 Applicant :- Smt. Sandhya Chaturvedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Gopal,Devashish Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J.

¶1Applicant has filed this application under Section 482 Code of Criminal Procedure for quashing the summoning order dated

28.05.2019 passed by Additional Session Judge/Special Judge (E.C Act), Court no.4, Agra in Special Trial No.2529 of 2019 (State vs. Sandhya Chaturvedi), under Section 135 Electricity Act arising out of case crime no.716 of 2018, Police Station Shahganj, District Agra, pending in the court of Special Judge E.C. Act, court no.4, Agra.

¶2Learned counsel for the applicant while referring to the grounds raised in this application has submitted that the prosecution of applicant is apparently misuse of process of law, therefore, interference is warranted by this Court by exercise of inherent powers under Section 482 CrPC. He prays that the impugned final report as well as the cognizance order and proceedings arising out of it, be quashed, in the interest of justice.

¶3During the course of hearing, it is not disputed by learned counsel that the offences contained in the FIR as well as in the impugned final report relate to the offences of u/s 135 of Electricity Act and the case of the prosecution is based upon the the show cause notice dated 25.07.2018 to the applicant's landlord Moti Lal for theft of electricity u/s 135 of Electricity Act. Apart from it, it is also fairly stated by learned counsel that the impugned final report has not yet been considered by the Magistrate and charges are yet to be framed.

¶4Upon hearing the learned counsel and considering his submissions, this Court is of the view that as the final report is yet to be examined by the Magistrate, therefore, at this stage, it would not be appropriate for this Court to exercise inherent powers under Section 482 CrPC. Here, it will be useful to refer the decision of Hon'ble Supreme Court delivered in Dharmatma Singh vs. Harminder Singh & Ors. report in Criminal Appeal No.1126 of 2011 (3) RCR Criminal 38 wherein the Hon'ble Supreme Court has observed that if a party can avail alternative remedy according to the provisions of Code of Criminal Procedure, in that eventuality the inherent powers under Section 482 Cr.P.C. cannot be exercised. The relevant observations read as under : "13. Section 482 of the Cr.P.C. saves the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any court or otherwise to secure the ends of justice. It has been held by this Court in R. P. Kapur v. State of Punjab [AIR 1960 SC 866] that Section 561-A of the Criminal Procedure Code, 1898 (which corresponds to Section 482 of the Criminal Procedure Code, 1973) saves the inherent power of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any court or otherwise to secure the ends of justice and such inherent power cannot be exercised in regard to matters specifically covered by the other provisions of the Code and therefore where the Magistrate has not applied his mind under Section 190 of the Cr.P.C. to the merits of the reports and passed order, the High Court ought not to consider a request for quashing the proceedings. In the case of R. P. Kapur (supra) on 10.12.1958, M.L. Sethi lodged a First Information Report against R.P. Kapur and alleged that he and his mother-in-law had committed offences under Sections 420-109, 114 and 120B of the Indian Penal Code. R.P. Kapur moved the Punjab High Court under Section 561-A of the Code of Criminal Procedure for quashing the proceedings initiated by the First Information Report. When the petition of R.P. Kapur was pending in the High Court, the police report was submitted under Section 173, Cr.P.C. and the High Court held that no case had been made out for quashing the proceedings under Section 561-A of the Criminal Procedure Code, 1898 and dismissed the petition. R. P. Kapur carried an appeal by way of Special Leave to this Court and this Court dismissed the appeal for inter alia the following reasons: " In the present case the magistrate before whom the police report has been filed under S. 173 of the Code has yet not applied his mind to the merits of the said report and it may be assumed in favour of the appellant that his request for the quashing of the proceedings is not at the present stage covered by any specific provision of the Code. It is well established that the inherent jurisdiction of the High Court can be exercised to quash proceedings in a proper case either to prevent the abuse of the process of any court or otherwise to secure the ends of justice. Ordinarily, criminal proceedings instituted against an accused person must be tried under the provisions of the Code, and the High Court would be reluctant to interfere with the said proceedings at an interlocutory stage..." As we have found in the present case that learned Magistrate had not applied his mind to the merits of the reports filed under Section 173, Cr.P.C., we are of the considered opinion that the exercise of power by the High Court under Section 482, Cr.P.C., was at an interlocutory stage and was not warranted in the facts of this case."

¶5In view of the above background of the case as well as law laid down by Hon'ble Supreme Court, this Court does not find it to be a fit case for exercise of inherent powers under Section 482 CrPC. However, it shall be open for the applicant to raise all the grounds pleaded in this application, before the Magistrate at an appropriate stage.

¶6With the above observations, this application u/s 482 CrPC is dismissed. Order Date :- 20.11.2023/Raj High Court of Judicature at Allahabad