HIGH COURT 6F CHHATTISGARH. BILASPUR M CRIMINAL M.P. No. 1&212WB Single Bench: Hon’bie Mr. T.P. Shanna, Judge PETITION UNDER gSB: Hon’b!e SECTION Mr. 482 Justice OF CODE T.P. Shanna, OF CRIMIAL Judge} PROCEDURE , Present: Shri Adi! Minhaj, Advocate for the appticants. $hri D.K. Gwatre, Govt. Advocate for the State. O R D E R (Passed on-20th -March, 2008) “ 1. This petition is directed for quashment of FIR in Criminai Revision No. 120/2004 in Police Station Kota, District Bilaspur. 2. 3t is argued on behaif of the applicants that the documents available on record cient for framing of charge and continUance of proceeding before the are not sum trial Court it would amount to abuse the process of the Court. 3. it is argued on behalf of the non-applicant that the trial Court has not framed the charge. Applicants have not submitted thetr ctaim before the Court. Reliance has been placed on the decision of the Supreme Court in the matter of Hamida Vs. Rashid @ Rasheed and Others, 2008 1 SCC 474 in which it has held that it is WEE established principle that inherent power conferred on the h\\¢ ee, APPLICANTS 1. Premchand Gotchha, S/a Late Kewamhand Golchha, aged about years. 2. Smt. lndu Golchha, W/o Premchand Goichha, aged about 52 years. Road, (Both Rio Minocha Calony, Mungeti Bilaspur, District ~Bilaspur (C.G.). Versus NON~APPLICANT State of Chhattisgarh-Through P.S. Kota, Distt. Bi!aspur State of Maharastm {SOC P. 555 yam 83, and it was held as under:— The fallowing principles may be stated in relation of the High (1) that the power is not to be resorted to if there is a specific provision in the Code for the redress of the grievance ofthe aggrieved party; to the exercise 0f the inherent power Caurt: (2) that it should be exercised very syaringly to prevgent abuse of process of any Court or it should not be exercised as against the express bar of law engrafter in any other provision ofthe code. otherwise to secure the ends ofjustice; (3) that 4. The applicants are hsving altemate remedy to agitate the matter before the triai in the iight case of Hamida (Supra) the petition is dismissed at the stage of admissien. Court. Consequentiy, Sdl- d T. P. Sharma‘fw’ Judge ‘§ [ “V