Karnataka HC's Power of Quashing - Is it too broad?
admin ailet advanced discussionYeh question bahut important hai, folks! Administrative Law mein, koi bhi baat, HC ki power of quashing kaisi chalta hai. Main yeh kahunga ki HC ki power of quashing aise hi nahi chalti hai. Section 397 of the Code of Criminal Procedure mein likha hai "power to call for and examine return as to any judgment, sentence or order" to "subordinate courts and other authorities". Lekin isko extend karke "power of quashing" kaise chalta hai, iska koi vikalp nahi diya hai.
To, mere vichar hai, HC ki power of quashing aise hi nahi chalti hai. Kya aaplog share karenge apne vichaaron?
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Arre, this is a debate going on for ages! In my opinion, HC's power to quash is an essential tool to prevent abuse of process. But, yes, it's a double-edged sword. Sometimes it gets misused too. The test laid down in the case of S. Kumar is too broad, hence needs a relook. It should be limited to cases of mala fide/ gross misrepresentation, else it leads to miscarriage of justice.