In
the case of T.T. Antony Versus State of Kerala decided on 12.07.2001
reported in A.Cr..R. 2001- 2- 1510, Hon'ble Apex court has pleased to
give some categories of cases in which high courts could exercise the
extraordinary power of Article 226 of Constitution of India and section
482 of Cr.P.C.for quash the criminal proceeding.which are below-
1.
Where the allegations made in First Information Report or the
complaint, even if they are taken at their face value and accepted in
their entirety .do not prim a facie constitute any offence or make out
a case against the accused.
2.
Where the allegations in First Information Report or other materials,
if any accompanying the First information Report do not disclose a
cognizable offence, justifying an investigation by police officers under
section 156(1) of the code except under an order of a Magistrate within
the purview of section 155(2) of the Code.
3.
Where the uncontroverted allegations made in the FIR or complaint and
evidence collected in support of the same do not disclose the commission
of any offence and make out a case against accused.
4.
Where the allegations in the FIR do not constitute a cognizable offence
but constitute only a non-cognizable offence, no investigation is
permitted by a police officer without an order of a Magistrate as
contemplated under section 155(2) of the code.
5.Where
the allegations made in the FIR or complaint are so absurd and
inherently improbable on the basis of which no prudent person can ever
reach a just conclusion that there is sufficient ground for proceeding
against accused.
6.
Where there is an express legal bar engrafted in any of the provision
of the code or the concerned Act (under which a criminal is instituted)
to the institution and continuance of the proceedings and for where
there is a specific provision in the code or the concerned Act,
providing efficacious redress for the grievance of the aggrieved party.
7.
where a criminal proceeding is manifestly attended with mala fide
and/or where the proceeding is maliciously instituted with an ulterior
motive for wrecking vengeance on the accused and with a view to spite
him due to private and personal grudge.
According to order of Hon'ble Apex court it self the above list as noted is illustrative and not exhaustive.
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