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Checking relevance for Vineet Kumar VS State of U. P. ...
Vineet Kumar VS State of U. P. - 2017 3 Supreme 696 : Section 482 of the Criminal Procedure Code, 1973, vests the High Court with inherent powers to make such orders as may be necessary to give effect to any order under the Code, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice. This jurisdiction is exercised to prevent the judicial process from being converted into an instrument of harassment or abuse. The High Court may quash criminal proceedings if they are manifestly attended with mala fide, maliciously instituted with an ulterior motive, or if allowing the prosecution to continue would amount to an abuse of the process of the Court. The power under Section 482 Cr.P.C. is not limited to specific categories but includes cases where the ends of justice require quashing, such as when the prosecution is based on flimsy or fabricated evidence, or when the proceeding is a tool for persecution. The Supreme Court has emphasized that the inherent power is designed to ensure justice, and it is not bound by rigid formulae, allowing the Court to act in cases where the very nature of the material or the object behind the prosecution indicates abuse.Checking relevance for CHILAKAMARTHI VENKATESWARLU VS STATE OF ANDHRA PRADESH...
CHILAKAMARTHI VENKATESWARLU VS STATE OF ANDHRA PRADESH - 2019 7 Supreme 161 : Section 482 of the Code of Criminal Procedure, 1973 empowers the High Court with inherent jurisdiction to prevent the abuse of the process of any court or to secure the ends of justice. This jurisdiction is wide and expansive but must be exercised sparingly, carefully, and with caution. The conditions precedent for exercising this power include: (1) the injustice must be of a grave, not trivial, character; (2) it must be palpable and clear, not doubtful; and (3) there must be no other remedy available in law. The High Court cannot act as a trial court or a court of appeal or revision under this section. It can quash proceedings if the allegations in the complaint or charge-sheet do not constitute any offence. In this case, the allegations in the complaint and statements recorded by the Magistrate were found to fulfill the necessary ingredients of offences under Sections 307, 323, 427, 447, and 506(2) read with Section 34 of the Indian Penal Code, which justified the High Court''''s refusal to exercise jurisdiction under Section 482.Checking relevance for Manoj Sharma VS State...
Manoj Sharma VS State - 2008 7 Supreme 663 : Section 482 of the Code of Criminal Procedure, 1973, empowers the High Court with inherent powers to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any Court, or otherwise to secure the ends of justice. This power is not limited or affected by other provisions in the Code, and the phrase ''''Nothing in this Code'''' in Section 482 acts as a non obstante clause, giving it overriding effect. The High Court may exercise this power even in rare cases to prevent futility or injustice, such as when continuing proceedings would be a futility, even if the offence is non-compoundable under Section 320. However, this power is not to be used to do something expressly prohibited by the Code, except where necessary to secure justice. The section is particularly relevant in quashing FIRs or criminal proceedings when the interests of justice demand it.Checking relevance for Sunita Palita VS Panchami Stone Quarry...
Sunita Palita VS Panchami Stone Quarry - 2022 6 Supreme 740 : Section 482 of the Code of Criminal Procedure, 1973, grants the High Court inherent jurisdiction to make such orders as may be necessary to give effect to any order under the Cr.P.C. or to prevent abuse of the process of any Court or otherwise secure the ends of justice. This inherent power must be exercised sparingly, carefully, and with caution, only when justified by the tests laid down in the Section. The Court is duty-bound to exercise this jurisdiction under Section 482 when the interest of justice so requires. The jurisdiction must be exercised if the interest of justice so requires, and it is not to be invoked merely on technical grounds but to prevent abuse of process or to secure justice.Checking relevance for Ramesh Chandra Gupta VS State of U. P. ...
Ramesh Chandra Gupta VS State of U. P. - 2022 8 Supreme 664 : Section 482 CrPC empowers the High Court with inherent powers to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any court, or otherwise to secure the ends of justice. The High Court is entitled to quash a proceeding if it concludes that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. This power is exercised to prevent the judicial process from being converted into a weapon of harassment or persecution, particularly in cases where the prosecution is manifestly attended with mala fides, maliciously instituted with an ulterior motive, or driven by private and personal grudges. The power under Section 482 CrPC is not limited to specific categories but is broadly applicable to safeguard justice, especially when the allegations in the complaint or FIR do not prima facie constitute an offence, are inherently improbable, or where there is an express legal bar to the proceeding.
