Home | Legal Advice | Statute | Section 482 crpc: Inherent powers of the High Court

Section 482 crpc: Inherent powers of the High Court

Saving of inherent powers of the High Court

Section 482 crpc: 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.

***

It is an inherent power of the High Court. The court exercises this power to prevent the abuse of process of law. In Arun Shanker Shukla Vs State of Uttar Pradesh AIR 2001 SC 2554; the Supreme Court held that the High Court must exercise this power sparingly and not as an appellate/revisional court.

When to invoke section 482 crpc

  • If there is no specific provision in the crpc for the redress of the grievance of the aggrieved party.
  • It should be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice.

The High Court possessed very wide inherent power under this section. In S. M. Seshagiri vs State of Andhra Pradesh AIR 2008 SC 784, the Supreme Court has laid down some guiding principle when section 482 crpc may be invoked:

  • There is a great miscarriage of justice.
  • Prevent abuse of the process of the law.
  • When the statutory provision does not comply with.
  • If there is a failure of justice.

The High Court cannot conduct a full-dress trial while hearing the petition under section 482 crpc. In Susheel Suri vs CBI AIR 2011 SC 1713the Supreme Court has explained the real object which can be achieved under this section.

  • To give effect to an order under the code of criminal procedure.
  • To prevent any abuse of process of law.
  • Most importantly, to secure the ends of justice.

In State of Haryana vs Bhajan Lal (1992) Supp 1 SCC 335, the High Court may quash the entire criminal proceeding because the allegations in the first information report are mala-fide. Section 482 crpc does not limit or affect the inherent powers of the High Court, therefore, the court exercises its power very sparingly.

Lawyer’s advice

Section 55 of Code of Civil Procedure 1908

Section 55 of CPC: Arrest and detention (1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the...

Article 311: Constitution of India

Article 311 of the Constitution of India provides a safeguard to the government servant against dismissal or removal from service. It mandates that no government servant shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Section 164: the Code of Criminal Procedure 1973

Section 164 crpc: Recording of confessions and statements 1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54