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IN THE HIGH COURT OF ALLAHABAD
Raj Beer Singh, J.
Khalida Anjum – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application under section 482 (Para 3 , 4) |
| 2. opposite party no.2's marriage (Para 5) |
| 3. considered the rival submissions (Para 6) |
| 4. impugned order dated 22.06.2023 (Para 7 , 8 , 9 , 10) |
| 5. inherent powers can be invoked (Para 11 , 12 , 13 , 14) |
JUDGMENT :
1. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
3. This application under Section 482 Cr.P.C. has been preferred against the summoning order dated 22.06.2023, passed by learned Judicial Magistrate, Court No.3, Bareilly, in Complaint Case No.05 of 2023 (Anwar Ali Rizvi Vs. Amt. Khalida Anjum and another), Police Station- Qilla, District- Bareilly. The order dated 14.06.2024, passed by learned Special Judge SC/ST Act, Bareilly, in Criminal Revision No.75 of 2024, is also being impugned, whereby the revision against order dated 22.06.2023 has been dismissed.
5. Learned counsel for the opposite party no.2 has opposed the application and submitted that the marriage of applicant with opposite party no.2 has taken place way back in the year 1994 and they have two grown up children. It was submitted that the applicant was continuously harassing the opposite party no.2 and earlier she has
Inherent powers under Section 482 Cr.P.C. can only be invoked in exceptional circumstances, not as a second revision after dismissal by the Sessions Court.
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.
High Courts can exercise inherent powers under Section 482 of the Cr.P.C. to prevent injustice, even if alternate remedies are available.
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.
The main legal point established in the judgment is that an order of maintenance affects the right of a person drastically and substantially, hence, it cannot be treated as an interlocutory order and....
The High Court's inherent powers under Section 482 Cr.P.C. can be exercised to prevent abuse of process, and these powers operate concurrently with Article 227 of the Constitution.
A magistrate cannot award maintenance to a major married daughter under Section 125 of the Criminal Procedure Code.
The judgment established the availability of inherent power of the Court under Section 482 Cr.P.C. and emphasized the necessity for the magistrate to apply their mind before passing the summoning ord....
The High Court retains inherent powers under Section 482 of the Criminal Procedure Code to prevent miscarriages of justice, even when revisional powers are restricted by Section 397(3).
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