Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 22-A---Penal Code (XLV of 1860), Ss.348, 440, 455, 506, 379, 148 & 149---Wrongful confinement, mischief, lurking house-trespass, criminal intimidation and theft---Petitioners had sought quashing of order passed by Justice of Peace on application filed by the respondent under S. 22-A, Cr.P.C.---Powers of High Court under S.561-A, Cr.P.C.---Scope---Delay caused by the Police to register a case, compelled the respondent/complainant to approach the Justice of Peace for directing the Police to register the case against the petitioners---Justice of Peace directed the Police to register a case against the petitioners under the relevant law---During the entire proceedings before the Justice of Peace, it was not disclosed by any of the parties that Police had already registered the case against petitioners---There existed an F.I.R. against petitioners and Justice of Peace had also ordered the Police to register case against petitioners under the relevant law---Police was under statutory duty under S.154, Cr.P.C. and had statutory right under S.156, Cr.P.C. to investigate a cognizable offence, whenever a report was made to it disclosing the commission of offence---High Court under S.561-A, Cr.P.C. would be reluctant to interfere with the investigation of the case; as it being the sole prerogative of the investigating agency---Normally the court under S.561-A, Cr.P.C. could not scrutinize the conduct and manner of investigation, as the same could not be substituted by court---High Court also could not interfere in the administrative order of the Justice of Peace regarding registration of case under S.561-A, Cr.P.C.---Investigation in the case was not complete and no challan had been submitted in the court when the petition for quashing of the impugned order under S.22-A, Cr.P.C. was filed---High Court, under its inherent powers, could quash judicial proceedings, if it was of the view that the proceedings would amount to an abuse of the process of court---No proceedings being pending in the court at the time of filing the quashing proceedings, there existed no abuse of process of the court---High Court, in…

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