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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11

Criminal and Civil proceedings - Merely because there is an arbitration clause in the agreement, that cannot prevent criminal prosecution against the accused if an act constituting a criminal offence is made out even prima facie.

The Code of Criminal Procedure, 1973  - Section 482

An enquiry into a criminal offence being conducted by Vigilance Department - Enquiry at preliminary stage - High Court not to quash the enquiry at preliminary stage in exercise of power under Section 482 Criminal Procedure Code.

The Code of Criminal Procedure, 1973  - Section 482

Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection and as far as possible, for extra-ordinary cases, where allegations in the Complaint or the first information report, taken on its face value and accepted in their entirely do not constitute the offence alleged.

Topic(s)-

Important Decision(s)- Criminal and Civil proceedings - Merely because there is an arbitration clause in the agreement, that cannot prevent criminal prosecution against the accused if an act constituting a criminal offence is made out even prima facie.