Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4744

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Anita – Appellant
Versus
Rakesh Kumar – Respondent
Cr.M.C. 4813 of 2023, Cr.M.A. 18425 of 2023, Cr.M.A. 18484 of 2023
Decided On : 18-07-2023

Advocates appeared:
Mr. Zahid Hanief and Mr. Sarfaraz Nabi, Advocates, for the Petitioner.

The High Court's inherent powers under Section 482 Cr.PC allow it to prevent miscarriage of justice or abuse of process of the Court, but it cannot interfere with the trial court's order unless there is illegality, infirmity, or perversity in the order.

Headnote:
Section 482 Cr.PC - Ex-parte Order - The court dismissed the petition challenging the setting aside of an ex-parte order, citing the inherent powers of the High Court to prevent miscarriage of justice or abuse of process of the Court. The court emphasized that it cannot interfere with the order of the trial court unless there is illegality, infirmity, or perversity in the order.
Fact of the Case:

The petitioner filed a petition under Section 482 Cr.PC challenging the setting aside of an ex-parte order against the respondent.
Finding of the Court:

The court found that there was no illegality, infirmity, or perversity in the impugned order and dismissed the petition along with pending applications. The trial court was requested to expeditiously dispose of the present petition and execution petition in accordance with the law.
Issues: Challenge to setting aside of ex-parte order under Section 482 Cr.PC
Ratio Decidendi: The High Court can interfere to prevent miscarriage of justice or abuse of process of the Court under Section 482 Cr.PC, but it cannot substitute its view with that of the trial court unless there is illegality, infirmity, or perversity in the order.
Final Decision: The petition challenging the setting aside of the ex-parte order was dismissed, and the trial court was requested to expedite the disposal of pending petitions.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under Section 482 Cr.PC challenging the order dated 03.05.2023 whereby an ex- parte order against the respondent has been set aside.

2. Learned counsel for the petitioner submits that ex- parte order has been set aside without any sufficient reason as required under the law.

3. Learned counsel for the petitioner submits that the respondent is intentionally not appearing before this Court and there is an arrear of approximately Rs. 5,00,000/- including the litigation expenses and the respondent has not paid any money. Learned counsel submits that two execution application and contempt application is also pending before the learned Trial Court.

4. Section 482 Cr. PC provides as under:

`Saving of inherent powers 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.'

5. The bare perusal of Section 482 Cr. PC makes it clear that the High Court can interfere to prevent the miscarriage of justice or abuse of process of the Court. The Court under Section 482 Cr. PC cannot interfere into the order of the learned Trial Court if there is no illegality, infirmity and perversity in the order.

6. I find that there is no illegality, infirmity and perversity in the impugned order. The learned Trial Court has taken a view and this Court will not substitute its only with a view taken by the learned Trial Court. Hence, the petition along with pending applications is dismissed.

7. However, the learned Trial Court is requested to expeditiously disposed of the present petition as well as execution petition in accordance with the law.

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