The court in exercise of inherent power s u/s 482 Crpc would not embark upon
the inquiry whether or not the statement of witness can be believed. It is
function of the Trial Court. At appropriate stage, the applicant's, therefore,
agitate the matter before the court at the time when the court takes up the case
for framing of charges.
The Power of the court to discharge an accused stands on a different footing
than that of the powers of Court u/s 482 ,Crpc, for quashing of the proceedings
as it's inception ( Murari vs State of U.P,1998(2) ACC158
The Supreme Court in Union of India vs Sushil Kumar Modi, it has been
observed that case must be taken by the High court to avoid making any
observations Which may be construed as the expression of its opinion on merits
relating to the accusation against any individual as such observations may
influence the decision on merits at the trial.
It is further submitted that since the petitioner has not been able to point out
any infraction of Law, in the contract of the investigation ,this is not a fit
case in which High Court should quash the charge sheet against the petitioner
and direct re investigation in to the case.