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Dutta Scam: HC refuses to quash challan in much publicized Finance Scam 8/6/2015 12:16:31 AM Early Times Report Jammu, Aug 5: Justice Tashi Rabstan of J&K High Court Jammu Wing today in a judgment refused to quash the final report/challan/supplementary challan in much publicized Dutta Finance Scam. After hearing AAG Rakesh Khajuria for the state whereas Adv Meharban Singh for the depositors, Justice Tashi Rabstan observed that the inherent power cannot naturally is be invoked in respect of any matter covered by the specific provisions of the Code. It is only where the High Court is satisfied either that an order passed under the Code would be rendered ineffective or that the process of any court would be abused or that the ends of justice would not be secured, then the High Court can and must exercise its inherent powers under Section 561-A of this Code. This power can be invoked only in an event when the aggrieved party is being unnecessarily harassed and has no other remedy open to it. The charges in the aforesaid case are yet to be framed where the accused would have ample opportunity to project all these pleas and claimed his discharge. Applying the parameters laid down in Bhajan Lal's case, the court showed rejected to find any case for quashment of proceedings at this stage. The contention raised by the learned counsel for the petitioner even if presumed to have some force would be relevant either at the stage of framing of charges or subsequently when petitioner accused leads his defence. With these observations Court do not find any force in the submissions made by the learned counsel for the petitioner. Accordingly, no case for exercise of inherent jurisdiction under Section 561-A Cr.P.C. for quashing final report/challan/supplementary challan has been made out. Petition, therefore having been found devoid of any merit, is dismissed along with connected MP(s). However, it is made clear that the Trial Court shall not be influenced by any of the observations made here in deciding the matter on its merits while dealing with this case. In the petition filed by Gurdeep Singh seeking quashment of the challan filed by the police on the grounds that in absence of any specific allegation against the petitioner either in the FIR or in the statements of witnesses recorded under Sections 161 Cr.P.C and 164-A Cr.PC, the challan as against the petitioner could not have been presented by respondent, as apparently no offence has been made out against the petitioner. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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