Vs. State of Haryana & Ors  INSC286 (20 August 1999)
Shah Mohammed Quadri, K.Venkataswami SYED SHAH MOHAMMED QUADRI,J.
is granted. The appellant and the second respondent were partners of
partnership firm, M/s.Jupiter Industries. A complaint was lodged against the
second and third respondents, FIR No.193, under Sections 405, 406 and 408, IPC
at the Police Station, Mujessar, District Faridabad on July 19, 1996. A Civil Suit is pending between
the parties for dissolution of the partnership firm and rendition of accounts.
The said respondents filed Criminal Misc.Petition 24679-M of 1997 before the
High Court of Punjab & Haryana praying to quash the FIR. The High Court by
its order dated April
17, 1998, having
noticed that a Civil Suit is pending between the parties and investigation on
the complaint of the appellant by the police is in progress, stayed the filing
of the final report under Section 173, Cr.P.C. by the police. It is from that
order, this appeal has arisen.
the learned counsel for the parties.
relevant portion of the impugned order of the High Court reads as follows :
view of the facts and circumstances of the case, it appears to be reasonable,
if the filing of the final report under Section 173, Cr.P.C. is stayed till the
decision of the suit. Ordered accordingly." It is now well-settled that
the width of power of the High Court under Section 482 Cr.P.C., in principle,
is very expansive but in practice the power is exercised in exceptional cases.
The inherent power of the Court is not an unrestricted power to make any order
which the High Court desires to pass. The power is meant to be exercised to
give effect to any order under Cr.P.C. or to prevent abuse of the process of
any Court or otherwise to secure the ends of justice. By passing the impugned
order, the High Court did not achieve any of the purposes for which the power
does no good to anybody. It is of utmost importance that criminal cases be
disposed of expeditiously as right of an accused to have speedy trial is a
right which flows from Article 21 of the Constitution. Far from ensuring speedy
trial the High Court placed embargo at the pre-trial stage by staying the
filing of final report by the police under Section 173 Cr.P.C. It is a well-
known fact that disposal of a civil suit takes fairly long time, so no useful
purpose will be achieved by staying the filing of the final report under
Section 173 Cr.P.C. by the police till the disposal of the suit. The impugned
order serves no useful purpose, nay, it is wholly extraneous to the purposes
for which the power is preserved. In our view, it is most inappropriate to stay
the filing of the final report by the police under Section 173 Cr.P.C. after
the police has investigated the case. We are, therefore, unable to sustain the
order under appeal; we set aside the same. Let further steps be taken in
accordance with law. Appeal is accordingly allowed.