Inherent Powers of High Court

Sections 482 & 397 CRPC  

Inherent and or Revisional power of High Court 

Scope of interference qua quashing of order of summoning of a Company Director. 

Consideration of material relied upon by accused. 

Settled law, that, while exercising inherent jurisdiction or revisional jurisdiction, where complaint is sought to be quashed, not proper for High Court to consider the defence of accused or embark upon enquiry into merits of accusations. 

But, where the matter is at summoning stage or taking of cognizance and trial is yet to commence, materials relied upon by accused, which are in the nature of Public Documents, or which are beyond suspicion or doubt, can very well be looked into by the High Court. 

Criminal Prosecution is a serious matter affecting liberty of a person.

Thus, in appropriate cases, it would be travesty of justice, if, a person is relegated to face trial.

In spite of availability of such documents or materials in his favour, on the ground that these aspects have a bearing on his defence must be considered during the trial only. 

Approach adopted by High Court, held unsustainable. 

[Paras 21 & 22]

Harshendra Kumar D. vs Rebatilata Koley Etc. CRL-A 360/11 08/02/11 

[ Aftab Alam JJ ]

[ SUPREME COURT ]