CODITION IN WHICH HIGH COURT SHOULD EXERCISE EXTRAORDINARY POWER OF ARTICLE 226 OF C.O.I. OR 482 OF Cr.P.C.

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.