Prasant Kumar Pattnaik & Anr v.
State of Orissa
"It
is not the law that in a criminal case where trial is yet to take
place and the matter is at the stage of issuance of summons or taking
cognizance, materials relied upon by the accused which are in the
nature of public documents or the materials which are beyond
suspicion or doubt, in no circumstance, can be looked into by the
High Court in exercise of its jurisdiction under Section 482 or for
that matter in exercise of revisional jurisdiction under Section 397
of the Code. It is fairly settled now that while exercising inherent
jurisdiction under section 482 or revisional jurisdiction under
section 397 of the Code in a case where complaint is sought to be
quashed, it is not proper for the High Court to consider the defence
of the accused or embark upon an enquiry I n respect of merits of the
accusations.
However,
in an appropriate case, if on the face of the documents - which are
beyond suspicion or doubt - placed by the accused, the accusations
against him cannot stand, it would be travesty of justice if the
accused is relegated to trial and he is asked to prove his defence
before the trial court. In such a matter, for promotion of justice or
to prevent injustice or abuse of process, the High Court may look
into the materials which have significant bearing on the matter at
prima facie stage".
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