Quashing crpc 482 quash petition format (9873540498) Man Cell Delhi
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Quashing crpc 482 quash petition format (9873540498) Man Cell Delhi

While exercising powers under Section 482 of the Cr. P.C. the Court has to keep in mind that it should not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. This is a function of the Trial Court. Though the judicial process should not be an instrument of oppression or needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 lest the Section becomes an instrument in the hands of accused persons to claim differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to an accused to short circuit a prosecution and bring about its sudden death

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INHERENT POWERS OF THE HIGH COURT UNDER SECTION 482 OF CrPC
It comes into operation when the court acts judicially and passes an order. If order is passed by Executive officer of State in administrative capacity, it has no application. Therefore persons aggrieved by such order cannot come to HC to exercise its inherent power under this section. As the Inherent powers are vested in HC by “law” within meaning of Art 21 of Constitution, therefore, any order of HC in violation of any right under Art 21 is not ultravires. Eg. Cancelling of bail bond by HC thereby depriving a persons personal liberty.

Though the jurisdiction exists and is wide in its scope it is a rule of practice that it will only be exercised in exceptional cases., The section is a sort of reminder to the high courts that they are not merely courts in law, but also courts of justice and possess inherent powers to remove injustice. The inherent power of the high court is an inalienable attribute of the position it holds with respect to the courts subordinate to it. These powers are partly administrative and partly judicial. They are necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The jurisdiction under section 482 is discretionary, therefore the high court may refuse to exercise the discretion if a party has not approached it with clean hands.

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Under CrPC , inherent powers are vested only in the high courts and the courts subordinate to the high courts have no inherent powers. 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.

In a proceeding under section 482, the high court will not enter into any finding of facts, particularly when the matter has been concluded by concurrent finding of facts of two courts below.

Inherent powers u/s 482 of Cr.P.C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case. Court can always take note of any miscarriage of justice and prevent the same by exercising its powers u/s 482 of Cr.P.C. These powers are neither limited nor curtailed by any other provisions of the Code. However such inherent powers are to be exercised sparingly and with caution.

It is well settled that the inherent powers under section 482 can be exercised only when no other remedy is available to the litigant and NOT where a specific remedy is provided by the statute. It cannot be used if it is inconsistent with specific provision provided under the Code.- Kavita v. State (2000 Cr LJ 315) and B.S. Joshi v. State of Haryana (AIR 2003 SC 1386). If an effective alternative remedy is available, the high court will not exercise its powers under this section, specially when the applicant may not have availed of that remedy.

“To prevent abuse of process of any court”

Ordinarily HC will not interfere at an interlocutory stage of criminal proceeding in subordinate court but, HC is under an obligation to interfere if there is harassment of any person (Indian citizen) by illegal prosecution. It would also do so when there is any exceptional or extraordinary reasons for doing so. Shyam Sachdev v. State. Contra view in Shiv Prasad v. State of Rajasthan.

Section 482 CrPC has a very wide scope and its really important for the courts to use it properly and wisely. Many a times it has been observed that when there is an issue of money for eg. Any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts. This section would enable the courts for providing proper justice and also should be exercised to stop the public from filing fictitious complaints just to fulfill there personal grudges.

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man cell delhi is available 24 hours at our permanent email id aturchatur(at)yahoo(dot)com

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email:- [email protected]
web:- http://quash482.blogspot.in/