Excelsior Correspondent
SRINAGAR, Nov 8: High Court has dismissed the plea of Station House Officer (SHO) seeking quashing of FIR against him in the gratification case and said the case demands a full-dress trial and examination of facts.
Petitioner-Inspector Raies Hassan Wani sought quashing of the FIR No.15/2022 for commission of the offences punishable under Prevention of Corruption Act, registered in the Police Station Nishat.
Justice V C Koul dismissed the plea of petitioner-Wani by recording that the contents contained in the petition require and demand full dress trial and examination of facts by this Court.
Court said the quashing of FIR under Code of Criminal Procedure, preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice and the provision does not confer new powers.
“While the inherent power of the High Court has a wide ambit and plenitude, it has to be exercised to secure the ends of justice or to prevent an abuse of the process of any court. This is not the aim and objective of the provisions of Section 482 Cr. P.C., particularly when the petition on hand does not unveil any ground much less cogent or material one, to indicate that the inherent powers are to be exercised to prevent abuse of process of law and to secure the ends of justice. In that view of the matter, the impugned FIR does not call for any interference and consequently, the instant petition is liable to be dismissed”, Justice Koul recorded.
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