Jan 05, 2014 criminal petition us 482 for quashing of fir due to compromise contact r12, clusteriv, purbachal housing estate, block ga, sectoriii, salt lake, kolkata 700 097, w. After evidence of a key witness i filed a petition in high court under section 482 of crpc for quashing of trial and discharge which was later withdrawn due to certain reasons. The gravity and scope of the powers of the high court prompts one to think of the possible limitations in applying the inherent powers. C application filed by the two accused raj kumar sachan and ramanuj katiyar was dismissed by this bench in earlier 482 cr. Nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to.
Section 482 in the code of criminal procedure, 1973. Pankaj kumar v state of maharashtra and others date of. In bindeshwari prasad singh v kali singh, the supreme court held that a magistrate has no inherent power to restore a complaint dismissed in default. Jul 29, 2010 under crpc, inherent powers are vested only in the high courts and the courts subordinate to the high courts have no inherent powers. High court has to watch that the lower, trial courts not abusing the crimianal laws or ipc, but if high court itself abuse the law and stay at very ist date even without issue notice to the respondent the trial court from investigations only at the very initial stage say issue of process under section 204 of crpc. Jun, 20 criminal complaint after 5 years has lapsed and whether the bar under section 468 of cr. Supreme court emphasized the law of sec 482 crpc published on august 31, 2015 august 31, 2015 12 likes 0 comments. Section 482 is a sort of reminder to the high courts that they are not merely courts of law, but also courts of justice and possess inherent powers to remove injustice. The court becomes functus officio after disposing of a case. Difference and similarity between res sub judice and res judicata in cpc. For the quashing of the dowry case and staying the proceedings in the the interregnum. Arrest without warrant by police, person or judge refusal to give name and residence.
Section 142 in the code of criminal procedure, 1973. In this code, unless the context otherwise requires. When police may arrest without warrantsection4141a41bcrpc. Inherent powers of the high court under section 482 of the. Criminal action after 5 years and bar of section 468 cr. Understanding high court quash petitions section 482. Nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders as may be necessary to give effect to any order this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. Section 482 in the code of criminal procedure, 1973 indian kanoon. Code for criminal procedure project on section 482 and powers of quash of fir submitted by. P c, 1973 will be applicable in initiating criminal action in the above mentioned case. If a magistrate making an order under section 3 considers that immediate. An act further to amend the code of criminal procedure, 1973. Criminal petition us 482 for quashing of fir due to.
Llb hons course from school of law, kiit university, bhubaneswar. Making section 482 crpc the sole remedy case study of madras. Here are the categories of cases in which the high court can exercise its powers to quash a petition. Section 482 of crpc, which deals with the power of court to quash criminal proceedings, hasnt given the details of that what exactly constitutes the inherent power of court. Section 482 of the code can be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice. The outer limits or power of limitation expounded in the aforenoted judgments were held to be not in consonance with the legislative intent. In that sense, the code is very vague as it doesnt lay out the grounds on which the foundations of the inherent power of court lay. Aug 29, 2008 as my in laws has filed a petition in punjab haryana high court under section 482 cr.
Legal provisions regarding power of appellate court to obtain evidence under section 391 of the code of criminal procedure, 1973. Criminal petition us 482 for quashing of fir due to compromise contact r12, clusteriv, purbachal housing estate, block ga, sectoriii, salt lake, kolkata 700 097, w. Power of appellate court to obtain evidence section 391 of crpc. In a proceeding under section 482, the high court will not. Apr 26, 2011 at the time of admission of 482 application no. Section 1 section 2 section 3 section 4 section 5 section 6 section 7 section 8 section 9 section 10 section 11 section 12 section section 14 section 15 section 16 section 17 section 18 section 19 section 20 section 21 section 22 section 23 section 24 section 25 section 25a. Each of the methods must be applied in accordance with all of the provisions of 1. Many a times it has been observed that when there is an issue of money for eg. Supreme court elucidate 10 points for quashing of f. Any money matter then the petitioner instead of filing a civil suit files an fir against the other person just to harass him.
Mar 28, 20 the code of criminal procedure, 1973 crpc 1st page. The inherent power of the high court is an inalienable attribute of the position it holds with respect to the courts subordinate to it. Section 482 crpc cannot be used by hc to reopen or alter. Be it enacted by parliament in the sixtyfirst year of the republic of india as. The law in this regard has been delineated by the apex court more particularly in paragraphs 12 to 21 thereof, after relying on some of the leading decisions on that point, which reads as follows. Disputes without due application of mind 2018 downloadable pdf. Dear sirmadam, i am accused in a cbi case and trial is on. Section 482 crpc has a very wide scope and its really important for the courts to use it properly and wisely.
Section 482 of crpc and powers of quashing of fir bartleby. Drafting miscellaneous template legaldrafttemplates home forms drafting miscellaneous template page 8 of about 75 results 0. Sections in crpc 528 total including amendments and additions. Plz clear me what is the difference between 482 and 498 of cr. Anupam lahiri follow director, coal controllers organisation. This section has not given increased power to high court which it did not possess before the section was enacted. In appropriate cases, jurisdiction of the high court under section 482 crpc and articles 226 and 227 of the constitution can be invoked seeking appropriate relief or suitable directions.
Best effort is taken to consolidate and amend the law relating to the criminal procedure through the enactment of the code of criminal proce dure, 19735. The supreme court held that the inherent power under section 482 crpc cannot be used by the high court to reopen or alter an order disposing of a petition decided on merits. Under crpc, inherent powers are vested only in the high courts and the courts subordinate to the high courts have no inherent powers. In the high court of delhi at new delhi extra ordinary criminal jurisdiction crl. The code of criminal procedure, 1973 crpc 2nd page. A note on further investigationsection 1738 of the crpc. December 1, 2014 saving of inherent power of high court. This does not mean that the high court can exercise the powers in an uncouth 6. Nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders. Nov 17, 2016 however, this has to be hedged with a caveat that. Section 482 crpc writinglaw bare act, bare act pdf. Nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. Scope of the powers of the high court under section 482 of. Definitions in this code, unless the context otherwise requires, a bailable offence means an offence which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force.
The arms length amount charged in a controlled transfer of tangible property must be determined under one of the six methods listed in this paragraph a. It also shows the inexhaustive character of the code. Inherent powers of the high court under section 482 of crpc. The gujarat high court vide its judgment dated november 25, 2016, had dismissed an application under section 482 of crpc filed by the. Aug 31, 2015 supreme court emphasized the law of sec 482 crpc published on august 31, 2015 august 31, 2015 12 likes 0 comments. C business transaction issued cheques cheques bounced complaint under ni act was dismissed as the cheque was not issued by accused complaint under sec. Quashing of fircriminal proceedings under section 482 of crpc. Page 1 first information report under section 154 cr. Section 4651, code of criminal procedure crpc, 1973 section 482. Sc rules, matrimonial disputes related section 482 crpc petitions. Can second petition can be filed under section 482 of crpc.
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