How false criminal case can be quashed by High Court in 482 powers?
When a petition is filed in High Court to quash a criminal case pending in any lower court, such petition is popularly known as 482 petition, because it is filed under Sec 482 of Code of Criminal Procedure.
Sec. 482 gives power to High Court to quash any criminal proceedings in lower courts, which may be misuse of criminal justice system.
What is a false case?
1) Something never happened and yet complaint is filed stating that something has happened.
For example, A says the B slapped him.
At that time B was out of India in some other country. So this is a false case.
Before High Court, with passports and other documents it can be shown that B was not in India on that date.
If High Court is satisfied, it can quash the case. The Undisputable documentary evidence shown to High Court must be of clinching nature.
Catch in above example
The real cases are not as simple as mentioned in above example.
Suppose A is beaten by C,D.
At that time B was not there. Though he was in his home in same village at that time.
And yet, A files complaint against B, C, D. The complaint is false so far B is concerned.
If B will go to High Court to quash complaint, High Court may not be able to help him. There may not be any clinching documentary evidence to show that B was at his home at time of incident.
B may have witnesses to show that he was at home. But it is task of trial court to examine witnesses.
High Court will say to B that you better go and face trial and prove yourself innocent.
Exceptional Cases: When a very big personality is framed in a false case, the court may examine his/her case in detail. Because, public figures are exposed to so many enemies that possibility of false political cases cannot be ruled out easily.
Haresh Raichura
