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PETITIONER: USHA AHUJA

       Vs.

RESPONDENT: STATE OF HARYANA & ORS.

DATE OF JUDGMENT:       20/08/1999

BENCH: Syed Shah Mohammed Quadri, K.Venkataswami

JUDGMENT:

SYED SHAH MOHAMMED QUADRI,J.

     Leave  is  granted.   The  appellant  and  the  second respondent  were  partners of partnership firm,  M/s.Jupiter Industries.   A complaint was lodged against the second  and third  respondents, FIR No.193, under Sections 405, 406  and 408, IPC at the Police Station, Mujessar, District Faridabad on  July  19,  1996.  A Civil Suit is  pending  between  the parties   for  dissolution  of   the  partnership  firm  and rendition  of accounts.  The said respondents filed Criminal Misc.Petition  24679-M  of  1997 before the  High  Court  of Punjab  & Haryana praying to quash the FIR.  The High  Court by  its  order dated April 17, 1998, having noticed  that  a Civil  Suit is pending between the parties and investigation on  the  complaint  of  the appellant by the  police  is  in progress,  stayed  the  filing  of the  final  report  under Section 173, Cr.P.C.  by the police.  It is from that order, this appeal has arisen.

     Heard the learned counsel for the parties.

     The relevant portion of the impugned order of the High Court reads as follows :

     "In  view of the facts and circumstances of the  case, it  appears  to  be reasonable, if the filing of  the  final report  under  Section  173,  Cr.P.C.  is  stayed  till  the decision of the suit.  Ordered accordingly."

     It  is now well-settled that the width of power of the High  Court under Section 482 Cr.P.C., in principle, is very expansive  but  in  practice  the   power  is  exercised  in exceptional  cases.  The inherent power of the Court is  not an unrestricted power to make any order which the High Court desires to pass.  The power is meant to be exercised to give effect  to  any order under Cr.P.C.  or to prevent abuse  of the  process of any Court or otherwise to secure the ends of justice.   By passing the impugned order, the High Court did not  achieve any of the purposes for which the power exists. It does no good to anybody.  It is of utmost importance that criminal  cases be disposed of expeditiously as right of  an accused  to  have speedy trial is a right which  flows  from

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Article  21  of the Constitution.  Far from ensuring  speedy trial  the High Court placed embargo at the pre-trial  stage by  staying  the filing of final report by the police  under Section  173 Cr.P.C.  It is a well- known fact that disposal of a civil suit takes fairly long time, so no useful purpose will  be achieved by staying the filing of the final  report under  Section 173 Cr.P.C.  by the police till the  disposal of  the suit.  The impugned order serves no useful  purpose, nay,  it is wholly extraneous to the purposes for which  the power  is preserved.  In our view, it is most  inappropriate to  stay the filing of the final report by the police  under Section  173 Cr.P.C.  after the police has investigated  the case.   We are, therefore, unable to sustain the order under appeal;   we set aside the same.  Let further steps be taken in accordance with law.  Appeal is accordingly allowed.