Scope of section 482 CrPC

1. Power of HC under
Section 482 CrPC.
Priyanka Chakraborty
15IP61012

2. 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”.

3. 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

4. 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.

5. “
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.

6. 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.

7. 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.

8. 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

9. 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

10. State of Haryana v. Bhajan Lal, 1992
Supp.(1) SCC 335
The 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.

11. 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.

12. 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.

13. 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.

14. 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

15. THANK YOU