What is the inherent power of Court under section 482 of CrPC?

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What is the inherent power of Court under section 482 of CrPC?

Under Section 482 CrPC – “nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice”.

Can FIR be quashing under section 482 CrPC?

If the answer to all the questions is in affirmative, the Court should quash the proceedings by exercising its power under Section 482 of CrPC. Parbatbhai Ahir v. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

What is inherent power of high Court?

The power to quash an FIR (First Information Report) is among the inherent powers of the High Courts of India. Courts possessed this power even before the Criminal Procedure Code (CrPC) was enacted. Added as Section 482 by an amendment in 1923, it is a reproduction of the section 561(A) of the 1898 code.

Can FIR be Cancelled?

FIR can be canceled by the Police/Investigating officer at the first instance after finding during the investigations that there is lack of evidence or case is not proved, and then file a closure report.

What are the 3 inherent powers of government?

These three powers—of eminent domain, police, and taxation—were acknowledged as legitimate attributes of government by natural law theorists, and they are today the principal means by which American govern- ments regulate and control property.

How much does an Anticipatory Bail cost?

An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

What is the difference between bail and interim bail?

Regular bail- A regular bail is generally granted to a person who has been arrested or is in police custody. Interim bail- This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.

Is there anything in Section 482 of Cr.P.C?

The Hon’ble Supreme Court also observed that: -There is nothing in the words of Section 482 of Cr.P.C which restricts the exercise of the power of the Court to prevent the abuse of the process of court or miscarriage of justice only to the stage of the FIR. The Supreme Court of India on November 28, 2018, in the case of Narayan MalhariThorat v.

What was the Supreme Court decision on Section 482 of CrPC?

The State of Madhya Pradesh &Anr that An application for review or modification could not have been entertained. the Supreme Court of India held that the issue of compounding of non-compoundable offences by a high court in the exercise of its inherent power under Section 482 of the Code of Criminal Procedure (CrPC) in a catena of decisions.

Can a High Court go into Section 482?

VinayakDeoraoBhagat and Anr. has held that when the investigation was yet to be completed and charge sheet, if any, was yet to be filed, a High Court, in a petition filed by the accused under Section 482 of the Code of Criminal Procedure, 1973, cannot go into the aspect whether there was requisite mental element of intention on part of the accused.

When to use inherent powers under Section 482?

It is well settled that the inherent powers under section 482 can be exercised only when no other remedy is available to the litigant and NOT where a specific remedy is provided by the statute. It cannot be used if it is inconsistent with specific provision provided under the Code.- Kavita v.

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