HC Criminal Quash CrPC 482

According to Sec 26 of CrPC, 1973, Offences under the Criminal Procedure Code (hereinafter the “CrPC”) are divided into:

1. Offences under Indian Penal Code (IPC) ( triable by HC, Sessions Court and other court shown in the 1st Schedule to the CrPC)

2. Offences under any other law (empowers HC, when no court is mentioned for any offence under any law other than IPC, to try such offences)

S482 deals with Inherent powers of the Court. It is under the 37th Chapter of the Code titled “Miscellaneous”.

Sec 482 CrPC reads as follows:

“Saving of inherent power of High Court- 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.”

The section was added by the Code of Criminal Procedure (Amendment) Act of 1923 as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely:

1. to give effect to an order under CrPC,

2. to prevent abuse of the process of the court,

3. to secure the ends of justice.

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.

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

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.

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