Exceptional circumstances

Of-course, the High Court has the powers to quash FIR but only in exceptional circumstances, i.e., where the allegations made in the FIR, on the face of it, do not constitute a cognizable offence, or the allegations made in the FIR are false or it reflects that an attempt has been made to convert civil liability into a criminal case, or where there is an express legal bar in any of the provisions of the Code or the concerned Act, under which a criminal proceeding is instituted

Thus, the High Court has no jurisdiction, whatsoever, to take the role of the Investigating Agency and to quash the FIR, while exercising constitutional power under Art. 199 of the Constitution or under S. 561-A, Cr.P.C., unless and until very exceptional circumstances exist

Constitutional petition filed by accused, being merit-less, was dismissed in limine, in circumstances.

Application under S. 265-K of the Cr.P.C., 1898 filed by the petitioner/accused was declined by the Trial Court; he assailed said dismissal order by moving the High Court under S. 561-A of the Cr.P.C., 1898

Contention of the respondent/ complainant was that similar application moved by other accused was also dismissed

Validity

Provision(s) of S. 249-A or 265-K of the Cr.P.C, 1898, were provided by the Criminal Procedure Code, 1898, itself, therefore, the same could not be legally brushed aside as 'non-existent'

However, said provisions, being in departure to normal course, would only be exercised when exceptional circumstances justifying the charge to be groundless were present or that there was no probability of the accused being guilty of any offence even if trial was concluded

Dismissal of an application of co-accused would not be a sufficient ground for dismissal of such like application by other accused of the same case, rather criterion of dismissal of such application must always be non-existent of required ingredients i.e. 'charge being groundless' and 'non-existent of possibility of accused being guilty of any offence even if case was taken as correct'

Petition under S. 561-A of the Cr.P.C, 1898, was allowed, in circumstances.

Even in the cases which did not fall within the ambit of prohibitory clause of S.497, Cr.P.C., the concession of bail might be declined to an accused if his case fell under exceptional circumstances.

Accused in exceptional circumstances, where his life was under threat in case of directly approaching the trial Court, could approach High Court for grant of pre-arrest bail

Tribal enmity existed between both the parties and the accused had also filed application for transfer of case to another district, thus a genuine reason existed in favour of the accused to directly approach the High Court.

Rule regarding prohibited degree is not an absolute rule and it may be departed from, if there are exceptional circumstances for the welfare of minor

Mere fact of re-marriage of mother does not ipso facto disentitle her from retaining custody of the minor daughter and entitle handing her over to the father, when it is not otherwise, in the welfare of minor.

Candidate seeking relaxation of upper age limit must have appended a separate application giving reason for relaxation which they failed

Petitioners were not entitled to seek relaxation of upper age limit in circumstances

No exceptional circumstances had been established nor any illegality had been pointed out in the impugned order passed by the Single Judge of High Court

Intra-court appeal was dismissed in circumstances.