High Court dismissed petition filed by Noor Alam S/O Mohammad Din R/O Village Gargal W No.08 Tehsil Akhnoor District Jammu A/P near Macca Masjid Mathindi Jammu former (Presently posted as Deputy Secretary ARI & Trainings), seeking quashment of FIR in Disproportionate assets case registered by Anticorruption Bureau Jammu.
While dismissing the petition, Justice Ali Mohammad Magrey after hearing AAG Raman Sharma observed that that despite this Court consistently held in catena of decisions that inherent power of the High Court should not be exercised according to whims and caprice and it has to be exercised sparingly with circumspection and in the rarest of rare cases, we often come across the High Court exercising the inherent power under Section 482 of the Code of Criminal Procedure in a routine manner at its whims and caprice setting at naught the cognizance taken and the FIR lodged at the threshold committing grave miscarriage of justice. While it is true that so long as the inherent power of Section 482 is in the Statute Book, exercise of such power is not impressible but it must be noted that such power has to be exercised sparingly with circumspection and in the rarest of rare cases, the sole aim of which is to secure the ends of justice. The power under Section 482 is not intended to scuttle justice at the threshold.”While keeping in view the scope of section 561-A Cr.PC the Court should refrain from making prima facie decision at interlocutory stage when entire facts of the case are incomplete, hazy and more so, when material evidence is yet to be collected and issues involved could not be seen in their true perspective. JNF