Criminal Procedure Code, 1973

— S. 482 — Inherent power — Doctrine of — Nature and scope of High Court's power under — When can power be exercised — Proceeding instituted on a complaint can be quashed in exercise of inherent power only where complaint does not disclose any offence or is frivolous, vexatious or oppressive — Power should not be exercised to stifle a legitimate prosecution — Power should be exercised with circumspection, ex debito justitiae to do real and substantial justice and to prevent abuse of process of court — Petition filed under S. 482 by respondent for quashing FIR registered by CBI, alleging commission of offences under IPC and Prevention of Corruption Act, 1988, on ground that CBI had no jurisdiction to register the FIR under Delhi Special Police Establishment Act in absence of requisite consent of the State concerned for operation of the Act in the State — High Court accepting the stand of the respondent — Held, High Court was not justified in quashing the proceedings — Contention regarding lack of jurisdiction of CBI to register the FIR not made out, (2006) 7 SCC 188-A

Constitution of India

— Art. 166 — Government notification — Letter rescinding the notification by which operation of Delhi Special Police Establishment Act, 1946 had been extended to the State — Person authorised to take the decision to rescind not established — Authority to write the letter not indicated — Letter alleged to be only an interdepartmental communication — Held, letter did not meet the requirements of Art. 166 and is not a notification, (2006) 7 SCC 188-B