Case Note & Summary
The petitioner, Smt. B. Aswathamma, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside the chargesheet filed in C.C. No.1923/2010 pending before the JMFC, Devanahalli, and to order a fresh or de novo investigation or reinvestigation of the case. The petitioner alleged that her father had disposed of joint family property and gave her a sum of Rs.25,00,000/- (Rs.20,00,000/- by cheque and Rs.5,00,000/- by demand draft) as her share. She claimed that respondent No.5 (Sri Sriramaiah) assisted her in opening a savings bank account with Canara Bank, Devanahalli Branch, and thereafter misappropriated the funds. The police investigated and filed a chargesheet. The petitioner contended that the investigation was flawed and that the chargesheet did not reflect the true facts. The High Court, after hearing the parties, held that the inherent powers under Section 482 CrPC are to be exercised sparingly and only to prevent abuse of process of court or to secure the ends of justice. The court found no compelling reasons to set aside the chargesheet or order a de novo investigation. The petition was dismissed.
Headnote
A) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Quashing of Chargesheet - The petitioner sought to set aside the chargesheet and order de novo investigation. The court held that the inherent powers under Section 482 CrPC should be exercised sparingly and only to prevent abuse of process of court or to secure ends of justice. No grounds were made out for interference. (Paras 1-3) B) Criminal Procedure Code - Investigation - De Novo Investigation - Section 482 CrPC - The court held that ordering de novo investigation or reinvestigation is not warranted unless there are compelling reasons such as failure of justice or mala fides. The petitioner failed to demonstrate any such grounds. (Paras 2-3)
Issue of Consideration
Whether the High Court should exercise its inherent powers under Section 482 CrPC to set aside the chargesheet and order de novo investigation or reinvestigation in a criminal case.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Section 482 CrPC
- scope of inherent powers
- interference with chargesheet
- de novo investigation
- reinvestigation
