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SUNIL B. SHUKRE, M. W. CHANDWANI
Pankaj – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 3 , 4) |
| 2. criteria for discharge under sec. 227 cr.p.c. (Para 5 , 6 , 7 , 8 , 9) |
| 3. discussion on inherent powers of the high court under sec. 482 cr.p.c. (Para 10 , 11 , 12 , 13 , 14) |
| 4. dismissal of application and costs considerations. (Para 15 , 16 , 17) |
| 5. conclusion of the judgment. (Para 18 , 19) |
JUDGMENT
SUNIL B.SHUKRE,J. - Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
3. This application moved under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) by the applicants for quashing and setting aside the charge-sheet no. 114/2017 registered as Sessions Trial No. 363/2017 pending before Court of Additional Sessions Judge, Nagpur which is a Special Court for differently abled persons, senior citizens and marginalised Sec. of society, has a backdrop of certain facts which raise a question - whether it is permissible for the accused like the applicants to invoke inherent power of High Court under Sec. 482 of the Cr.P.C. after their application seeking discharge under Sec. 227 of the Cr.P.C. is rejected ? The background facts would have to be considered first, in our endevour to answer th
Against the revisional order of the Sessions Court 482 is maintainable.
(1) When challenge lies to entire proceeding of a case registered under SC/ST Act, High Court could entertain the case under its inherent jurisdiction to secure end of justice – High Courts are not m....
The High Court retains inherent powers under Section 482 Cr.P.C. to quash proceedings under the SC/ST Act, even when statutory remedies exist, to prevent abuse of process and secure justice.
Anticipatory bail can be granted even after a charge-sheet is filed, and inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process and secure justice.
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
The main legal point established in the judgment is the need for proper investigation and the cautious exercise of inherent jurisdiction under Section 482 of CrPC. The Court emphasized that interfere....
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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