http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 7
PETITIONER: R. P. KAPUR
Vs.
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 25/03/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. SINHA, BHUVNESHWAR P.(CJ) IMAM, SYED JAFFER SARKAR, A.K. GUPTA, K.C. DAS
CITATION: 1960 AIR 862 1960 SCR (3) 311 CITATOR INFO : R 1975 SC 706 (16)
ACT: Criminal Trial--Quashing of Proceedings -Inherent power of High Court--When to be exercised--Code of Criminal Procedure, 1898 (V of 1898), s. 561-A.
HEADNOTE: One S lodged a first information report against K. When K found that no action was taken on the report for several months he filed a criminal complaint against S contending that the report lodged by S was false. At the instance of S the magistrate ordered K’s complaint to stand adjourned till the police made its final report on the first information report. Thereupon K moved the High Court under s. 561 -A of the Code of Criminal Procedure for quashing the proceedings initiated by the first information report. Pending the hearing the police submitted its report under s. 173 of the Code. Subsequently the High Court dismissed the petition. K obtained special leave and appealed: Held that no case for quashing the proceedings was made out. The inherent ’Jurisdiction of the High Court could be exercised to quash proceedings in a proper case either to prevent the abuse of the process of any Court or otherw...