Expert advise needed in 408 & 420 IPC's

This is a classic case where a purely civil wrong (at best a breach of contractual arrangment) has been given a criminal hue in order to arm twist & dissuade the employee from joining some other firm. Criminal Liability cannot be fastened merely because you took up another company, they' would never be able to prove the disohnest intention requisite to fasten criminal liability. You should go to the High Court for quashing of this case.

(S.482 CrPC) inherent powers are the powers which the court has, as necessary corollary of it being a court of justice to do the right and undo the wrong, to prevent the abuse of the process of law and to secure the ends of justice.

Over the years the power has been used in the following cases (not limited to these grounds, they are only illustrative)-

a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation……

(c) where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

(d) …….not applicable

(e) 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 the accused;

(f) …….N.A

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

These grounds have crystallised after various rulings including :-

i)                State of Haryana v. BhajanLal (SC)

ii)               M/S Zandu Pharmaceuticals (SC)