Power of HC under Section 482 CrPC.

Priyanka Chakraborty15IP61012

What is Inherent Power? Not expressly conferred by law

According to jurists,

“is the foundation for a whole armoury of judicial powers, many of which are significant and some of which are quite extraordinary and are matter of constitutional weight”

Enacted laws are not Exhaustive.

In case of dilemma, a judge should decide, for which they have the power which is called “Inherent Power”.

Section 482 CrPC was added by an amendment in 1923, it is a reproduction of the section 561(A) of the 1898 code.

It was created as a reminder to the courts that they exist to prevent injustice done by subordinate courts.

It is an exception, not a rule, and may be exercised :- To give effect to an order under the Code. To prevent abuse of the process of Court. To otherwise secure the ends of justice.

It is more a power to remove obstruction of justice and not merely to save the dignity of the judge.

Background

Purpose behind its incorporation

This section makes it clear that the provisions of the Code are as intended to limit or affect the inherent powers of the High Courts.

Can be only invoked when matter in question is not covered by any provision of the Code, subject to the three purposes mentioned.

Lacunae are sometimes discovered in procedural law and it is for the purpose of covering such lacunae and dealing with such cases where such lacunae are discovered that procedural law invariably recognises the existence of inherent powers in courts.

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Conditions of use of Inherent Power

The High Court can refuse to use the power, as it is discretionary

It can consider any case coming to it, not restricted to pending cases.

Used only when aggrieved party is unnecessarily harassed and no remedy is available.

This power is limited to be applied for cases that compel to intervene to prevent abuse of legal process.

Contd. Under section 482, H.C has power to

provide relief even if petition is not filed.

HC has an obligation to interfere under its inherent power if there is harassment of any person under illegal prosecution-to prevent the abuse of court.

When a clear statutory law is violated-to secure ends of justice

In the case of Madhu Limaye v. State of Maharashtra (1978 SCR (1) 749), SC held principles to apply inherent powers.

Cases where power under S. 482 can be applied:

Where the allegations in FIR do not prima facie constitute offence against accused.

Where there is an express legal bar engrafted in any of the provisions of the Code or statute concerned to the institution and continuance of the proceedings.

Where a criminal proceeding is manifestly attended with mala fide intention.

Where the allegations in the FIR or other materials do not constitute a cognizable offence justifying an investigation by the police.

Comes into play only when court takes any decision judicially.

Person aggrieved by any executive order can not invoke S. 482

Inherent powers are vested in HC by “law” within meaning of Art 21 of Constitution.

Any order of HC in violation of any right under Art 21 is not ultravires.

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

Features

Contd. Relief under Section 482 is not barred by

any limitation since the power is conferred to secure the ends of justice.

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

State of Haryana v. Bhajan Lal, 1992 Supp.(1) SCC 335The SC summarized the legal position to be followed by HC in exercise of their inherent powers to quash a criminal complaint:

Allegations in F.I.R, even if taken in face value, do not constitute offence against accused.

In case of Investigation done for non-cognizable offence, without the order of Magistrate

Absurd allegations made in F.I.R. Express bar to the proceeding of the case

in any code or statute. The criminal proceeding is malafide.

Indian Oil Corporation v. NEPC India Ltd. and Others, (2006) 6 SCC 736

Power under 482 should be used with abundant caution.

Quashing of the complaint is warranted only where the complaint is devoid of even the basic facts which are absolutely necessary for making out the alleged offence.

As the nature and scope of civil proceedings are different from a criminal proceeding, the mere fact that the complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available or has been availed, is not by itself a ground to quash the criminal proceedings.

State of Punjab v. Pritam Chand & Ors., 2009 (2) SCC 457

Powers possessed by the HC under 482 CrPC are very wide requires great caution in its exercise.

Inherent power should not be exercised to stifle a legitimate prosecution.

Court must be careful to see that its decision in exercise of this power is based on sound principles.

State of Kerala v. Jabbar, 2009 (6) SCC 659

The issues were:

Whether it is open to HC in exercise of its jurisdiction under Sec 482, to interfere with statutory power of investigation by police into cognizable offence?

Whether such direction could have been issued by the HC in exercise of its jurisdiction under Sec 482?

Court held both in the negative. Inherent power of the court is saved to interfere with the proceedings pending before a Criminal Court if such interference is required to secure the ends of justice or where the continuance of proceedings before a court amounts to abuse of the process of Court. Such a power is always available to HC in relation to matter pending before a criminal court.

Conclusion Section 482 has a very wide scope and it

is really important for judges to use it properly and wisely.

In many cases, petitioners file F.I.R just to harass a person, in such cases it is very important to quash such complaints.

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.

High Court has no power to review own order its under Section 482

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