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1989 Supreme(P&H) 827

G.C.MITTAL, S.S.SODHI
Charanjit Singh – Appellant
Versus
Gursharan Kaur – Respondent


Judgment

S.S.Sodhi, J.

1. The matter here concerns the scope and ambit of the inherent powers of the High Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as to the Code), in the context of the provisions of Section 397(3) thereof. It comes up on a reference to a larger Bench by S. S. Grewal, J The substantial question of law, of undoubted public importance raised being :-

Whether the provisions of Section 397(3) would operate, or, constitute a total, or, complete bar to the exercise of inherent jurisdiction by the High Court under Section 482 of the Code of Criminal Procedure even in cases, where, it is necessary to give effect to any order under this Code, to prevent the abuse of process of any Court, or, otherwise to secure the ends of justice ?"

The legislature while providing for revision under Section 397 of the Code and couferring jurisdiction thereby upon the High Court as also the Court of Sessions proceeded to enact a specific bar against a second revision by the provisions of subsection (3) thereof, which reads as under :-

"If an application under this section has been made by any person either to the High Court or to the Sessions Judg





















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