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SUBHASH VIDYARTHI
Kaisar Jaha – Appellant
Versus
S. P. , Distt. Sultanpur – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Abhyudaya Mishra, learned counsel for the petitioner and Sri Alok Kumar Tiwari, the learned AGA for the State.
2. By means of the instant writ petition filed under 528 of the Bharatiya Nagrik Suraksha Sanhita (hereinafter referred to as BNSS), the petitioner has challenged the validity of an order dated 28.08.2024 passed by learned Special Judge, P.O.C.S.O. Act/Additional Sessions Judge in Criminal Misc. Case No.360 of 2024 whereby an application under Section 175(3) of BNSS [comparable to Section 156 (3) of Cr.P.C.] has been rejected by the trial Court.
3. Sri Alok Kumar Tiwari, the learned A.G.A. has raised a preliminary objection that the petitioner has got a statutory remedy of filing a revision against the aforesaid order and, therefore, the inherent powers of this Court cannot be invoked by the applicant. He has relied upon a decision of the Hon’ble Supreme Court in the case of Vipin Sahni & Anr. v. Central Bureau of Investigation; 2024 SCC OnLine SC 511 wherein the Hon’ble Supreme Court has held that the where a specific remedy of filing a revision was available, a petition under Section 482 Cr.P.C. could not be filed.
The existence of a statutory remedy does not create an absolute bar against invoking inherent powers of the High Court, but it is a significant factor in deciding whether to exercise such powers.
High Courts can exercise inherent powers under Section 482 of the Cr.P.C. to prevent injustice, even if alternate remedies are available.
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.
Point of Law : Section 362 of Cr. P.C. are reproduced as court not to alter judgment.
(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.
The High Court's inherent power under Section 482 Cr.P.C. should not be exercised when an alternative remedy exists, and such powers should only be invoked in compelling circumstances.
Magistrate's rejection of Section 156(3) CrPC application is final order, revisable under Section 397 CrPC before Sessions Court; writ under Article 226 not entertained due to efficacious alternate r....
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