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J. K. MAHESHWARI, RAJESH BINDAL
Sabir Ahamed Najar – Appellant
Versus
State of West Bengal – Respondent
ORDER :
1. Leave granted.
2. Being aggrieved by the order dated 20.11.2023 whereby the High Court dismissed CRR No. 3002 of 2023 filed by the appellant under Section 482 of the Code of Criminal Procedure (Cr.P.C.), the appellant has approached this Court.
3. It is contended by the appellant that a petition under Section 482 was filed to quash the FIR No. 287/2014 dated 14.12.2014 registered at Police Station Rampurhat, District Birbhum, West Bengal for the offences punishable under Sections, 489B, 489C read with 120B of the Indian Penal Code, 1860, on the ground of non-compliance with the provisions of Section 167(5) of the Cr.P.C. (as amended by the State of West Bengal). During the pendency of the said Section 482 Cr.P.C. petition, sanction order was passed by the State of West Bengal on 02.11.2023. However, the Court dismissed the Section 482 Cr.P.C. petition making some observations regarding the merits of the order of sanction.
4. We have heard learned counsel for the appellant as well as learned counsel for the State.
5. From a perusal of the provisions of Section 167(5) of the Cr.P.C. (as amended by the State of West Bengal), it is evident that recourse to file the petition under
The court affirmed the appellant's right to challenge the sanction order and clarified that prior observations should not influence the merits of the case.
Second petition – Though there can be no blanket rule that a second petition under Section 482 Cr.P.C. would not lie in any situation and it would depend upon facts and circumstances of individual ca....
The court's decision was based on the lack of reason to interfere with the High Court's order quashing the FIR and criminal proceedings.
The High Court's inherent power under Section 482 of CRPC cannot be denied without a statutory bar, and its refusal to entertain a petition must be justified.
The High Court's inherent powers under Section 482 Cr.P.C. can be exercised to prevent abuse of process, and these powers operate concurrently with Article 227 of the Constitution.
The High Court erred in dismissing the petition to quash the FIR as the ingredients of the offence under Section 336 IPC were not established against the appellant.
The main legal point established in the judgment is that the power under Section 482 of the Cr.P.C. should be exercised sparingly and that filing a successive petition without new grounds is not an a....
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
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