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Criminal cases can be quashed only in rare situations: SC
The Supreme Court has ruled that it can use its extraordinary powers to quash criminal proceedings against individuals and firms if their continuance results in the abuse of the court`s process.
New Delhi: The Supreme Court has ruled that
it can use its extraordinary powers to quash criminal
proceedings against individuals and firms if their continuance
results in the abuse of the court`s process.
A bench of justices Altamas Kabir and J Chelameshwar passed the ruling while dismissing an appeal filed by Ashok Sadarangani and other proprietors of a firm pleading quashing of the criminal case registered by the CBI as they have entered into a compromise with Union Bank of India, whom they had allegedly cheated. "In other words, not that there is any restriction on the power or authority vested in the Supreme Court in exercising powers under Article 142 of the Constitution, but that in exercising such powers the Court has to be circumspect, and has to exercise such power sparingly in the facts of each case.
"It would be open to the Supreme Court to exercise its extraordinary powers under Article 142 of the Constitution to quash the proceedings, the continuance whereof would only amount to abuse of the process of court, Justice Kabir writing the judgement said.
Article 142 grants special powers to the apex court to pass any order, judgement or direction to render "complete justice" in a given case.
On June 30, 2003, on the complaint of the Union Bank of India, the CBI registered case against the petitioners alleging that they had secured the credit facilities by submitting forged property documents as collaterals and utilised such facilities in a dishonest and fraudulent manner by opening Letters of Credit in respect of foreign supplies of goods, without actually bringing any goods. The CBI further alleged the accused of inducing the bank to negotiate the Letters of Credit in favour of foreign suppliers and also by misusing the cash credit facility.
PTI
A bench of justices Altamas Kabir and J Chelameshwar passed the ruling while dismissing an appeal filed by Ashok Sadarangani and other proprietors of a firm pleading quashing of the criminal case registered by the CBI as they have entered into a compromise with Union Bank of India, whom they had allegedly cheated. "In other words, not that there is any restriction on the power or authority vested in the Supreme Court in exercising powers under Article 142 of the Constitution, but that in exercising such powers the Court has to be circumspect, and has to exercise such power sparingly in the facts of each case.
"It would be open to the Supreme Court to exercise its extraordinary powers under Article 142 of the Constitution to quash the proceedings, the continuance whereof would only amount to abuse of the process of court, Justice Kabir writing the judgement said.
Article 142 grants special powers to the apex court to pass any order, judgement or direction to render "complete justice" in a given case.
On June 30, 2003, on the complaint of the Union Bank of India, the CBI registered case against the petitioners alleging that they had secured the credit facilities by submitting forged property documents as collaterals and utilised such facilities in a dishonest and fraudulent manner by opening Letters of Credit in respect of foreign supplies of goods, without actually bringing any goods. The CBI further alleged the accused of inducing the bank to negotiate the Letters of Credit in favour of foreign suppliers and also by misusing the cash credit facility.
PTI