Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 — ss.397 482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 — ss.397, 482 — Invoking inherent power u/s. 482 when alternative remedy of revision w/s.397 available — Held: Availability of alternative remedy of criminal revision u/s.397 by itself cannot be good ground to dismiss an application u/s, 482.Allowing the appeals and remitting the matters back to High Court, the CourtHELD: 1. Section 482 Cr.P.C. begins with a non-obstante clause to state: “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.” 4 fortiori, there can be no total ban on the exercise of such wholesome jurisdiction where, in the words of Krishna Iyer, J. “abuse of the process of the Court or other extraordinary situation excites the court’s jurisdiction. The limitation is self-restraint, nothing more.” Since Section 397 Cr.P.C. is attracted against all orders other than interlocutory, a coutrary view would limit the availability of inherent powers under Section 482 Cr.P.C. only to petty interlocutory orders, which is wholly unwarranted and undesirable. [Para 6] [286-E-G]Dhariwal Tobacco Products Lid. and Ors. y. State of Maharashtra and another (2009) 2 SCC 370 : 2008 (17) SCR 844 — relied on. Mohit alias Sonu and another v. State of Uttar Pradesh and another (2013) 7 SCC 789 : 2013 (7) SCR 86 — held not correct law. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 851 |
Petitioner | Prabhu Chawla |
Respondent | State Of Rajasthan & Anr. |
SCR | [2016] 4 S.C.R. 281 |
Judgement Date | 2016-09-05 |
Case Number | 842 |
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