Criminal breach of trust by public servant 409

Dear Rajan, Inherent power of the High Court as you know confers no power. It merely safeguards all existing inherent powers of the high Court to secure the end

of Justice.The Inherent power of the Court can be exercise to quash the proceedings if requisite sanction is not given or case may arise when FIR even if taken on its face value does not constitute the offence alleged, as in such cases question of appreciation of evidence does not  arise. The third category falls under those case where the allegations made against the accused constitute an offence alleged but no evidence is adduced in support of the case or manifestly fails to prove the charge. There is a clear distinction between a case where there is no legal evidence or where there is evidence which is manifestly inconsistent with the accusation made and a case where there is legal evidence which on its appreciation may not support the accusation. Under section 409 consideration for validity of sanction also arise as such unless details of the case or the gist is given it is difficult to cite any SC case.