Supreme Court of India
State of Bihar v. Sri Ra.iendra Agrawalla
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What the Court ordered
We are of the considered opinion that the High Court was wholly unjustified in F invoking its inherent power under Section 482 of the Code of Criminal Procedure to quash the cognizance taken in as much as the allegation in the F.I.R. and material referred to in the charge sheet do make out an offence under Section 414 of the Indian Penal Code, so far as the respon dent is concerned.
Judgment, page 5
From the headnote
On examination of the charge-sheet and the .I.R. filed in the case, it is evident that the High Court exceeded its jurisdiction by trying to appreciate the evidence and coming to the condusion that no offence is made out. The High Court was wholly unjustified in invoking its inherent power under s. 482 of the Code of Criminal Procedure to quash the cognizance taken in as much as the allegation in the .I.R. and the material referred to in the charge-sheet do make out an offence under s.414, I.P. . ·so far as the respondent is concerned. Mrs. Rupan Deal Bajaj & Anr. v. Kanwar Pal Singh Gill &
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