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1997 Supreme(Gau) 142

V.DUTTA GYANI
Mahesh Chandra Sarma – Appellant
Versus
Uma Shankar Mishra – Respondent


Advocates Appeared:
Z.R.Das, Y.K.Phukan

Heard learned counsel for the petitioner.

2. By this petition under section 482 CrPC read with Article 227 of the Constitution, the petitioner seeks to challenge the criminal proceedings instituted against him for alleged offences punishable under sections 120B, 420, 427, 468, 323, 395, 426 IPC, pending in the Court of the Magistrate. 1st Class, Nongpoh. By order dated 14.3,96 passed by this Court further proceedings before the trial Court in CR (Misc) Case No. 1 of 1994 was stayed.

3. Learned counsel appearing for the petitioner has invoked section 482 CrPC for quashing the proceeding. Although there is no dearth of case law on the point, but before referring the same, let us have a look on the language of the section.

"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."

Reading the section it appears that the language of the section is plain enough and admits of no room for any ambiguity. The object of section 482 CrPC is thre













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