INHERENT POWER OF HIGH COURT IN CRIMINAL MATTERS
Section 482 of Cr.P.C. deals with the inherent power (IP) of the High Court (HC). Inherent power (IP) of HC is an extraordinary power but not unbridled.[1] If there is a specific provision in the Code, IP should not be used. Further, this power ought to be exercised sparingly and not ordinarily. It must be used carefully in the rarest of the rare cases.[2] However, the HC under this power is not supposed to embark upon an enquiry about substantiality of accusation in the light of the given evidence.[3]
As per Section 482, the HC may use its extraordinary IP for three main purposes—[4]
- to give effect to any order under Cr.P.C.
- to prevent abuse of the process of any court.
- to secure the ends of justice.
An accused can approach High Court under Section 482 or Articles 226 (writ jurisdiction of HC) or 227 (power of superintendence over all courts) or 142 (to do complete justice)[5] of the Constitution to have the criminal proceeding quashed against him if no case is made out against him. But criminal proceeding including FIR should not be quashed unless there is need to prevent abuse of the process of the court or otherwise to secure the end of justice.[6]
Review u/s 482—The HC has no jurisdiction u/s 482 to review its earlier judgment in view of the provisions of Section 362 of Cr.P.C.[7]
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[1] . Sushil Suri v. CBI and Anr., AIR 2011 SC 1713.
[2] . Manoj Kumar Sharma v. State of Chhatisgarh, 2017 (1) RAJ, 532; Ravi Raman Prasad v. State of Bihar, AIR 1994 SC 109; Union of India v. B R Raja, AIR 1994 SC 1256; Janata Dal v. H S Choudhary, AIR 1993 SC 893; S G Nain v. Union of India, AIR 1992 SC 603; Dhanlakshmi v. R. Prasanna Kumar, AIR 1990 SC 494; State of Andhra Pradesh v. P V Pavithran, AIR 1990 SC 1266
[3] . State of Orissa and Anr. v. Saroj Kumar Sahoo, 2005 (13)SCC 240.
[4] . See, Rishipal Singh v. State of U.P. and Anr., AIR 2014 SC 2567; Divine Retreat Centre v. State of Kerala and Others, AIR 2008 SC 1614; Meenu Kumari and Anr. v. The State of Bihar and Ors., AIR 2006 SC 1937.
[5] . Jitendra Raghuvanshi and Ors. V. Babita Raghuvanshi and Anr., 2013 (4)SCC 58.
[6] . Vijayander Kumar and Ors. v. State of Rajathan and Anr., 2014(3) SCC 389; Santosh De v. Archana Guha, AIR 1994 SC 1229; State of Haryana v. Ch. Bhajan Lal, AIR 1992 SC 604; Mohinder Singh v. Gulwant Singh, AIR 1992 SC 1894; State of Bihar v. Raj Narayan Singh, AIR 1991 SC 1908; Bhaskar Chattoraj v. State of West Bengal, AIR 1991 SC 533.
[7] . Moti Lal v. State of Madhya Pradesh, AIR 1994 SC 1544.
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Prepared by Team LegalMines.
