Quashing--Private Complaint--Pre-Trial Investigation--High Court Cannot Examine Defence Material or Travel Beyond Complaint While Exercising Inherent Jurisdiction at Investigation Stage
High Courts, while exercising inherent jurisdiction under Section 482 of the Code of Criminal Procedure, cannot travel beyond the allegations in the complaint and material placed by the complainant to examine defences put forward by the accused. Where a Magistrate has directed police investigation under Section 156(3) CrPC upon finding prima facie disclosure of a cognizable offence, interference with such investigation by evaluating defence material amounts to conducting a mini-trial at a pre-trial stage, which is wholly impermissible. Existence of a civil remedy does not bar criminal proceedings where allegations prima facie disclose a cognizable offence.
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