Full Judgment Text
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PETITIONER:
USHA AHUJA
Vs.
RESPONDENT:
STATE OF HARYANA & ORS.
DATE OF JUDGMENT: 20/08/1999
BENCH:
Syed Shah Mohammed Quadri, K.Venkataswami
JUDGMENT:
SYED SHAH MOHAMMED QUADRI,J.
Leave 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.
Heard the learned counsel for the parties.
The relevant portion of the impugned order of the High
Court reads as follows :
"In 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 exists.
It 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
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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.