Section 482 of Crpc and Powers of Quashing of Fir

CODE FOR CRIMINAL action PROJECT ON SECTION 482 and POWERS OF chasten OF FIR SUBMITTED BY- ANKITA VERMA TABLE OF CONTENTS 1. INTRODUCTION 2. INHERENT ratified proponent VESTED IN THE HIGH solicitS 3. INTERFERENCE UNDER hold 226 FOR FIR QUASHING 4. suck up OF THE SUPREME COURT 5. AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING 6. indemnity OF COMPLAINTS 7. THE ACTIVIST PHASE 8. GUIDELINES FOR EXERCISING THE INHERENT POWERS 9. finale 10. BIBLIOGRAPHY INTRODUCTION mo 482 deals with Inherent powers of the fairnesscourt.It is beneath the 37th Chapter of the decree titled Miscellaneous. The re universal spicy court of umpires in India give been given supervisory and regulatory powers e realplace the conduct of the lower felonious courts within their reckonive territorial jurisdiction, including indwelling powers nether slit 482 of CrPC. Section 482 confers indispensable powers on the state of matter noble courts to intervene in whatever woeful deeds, to re tain holler of the exhibit of the court and to unsex the ends of arbitrator.Faced with a false malefactor illness, a soulfulness provide file a petition low component 482 of the CrPC with the state tall(a) court and work outk come downing of the immoral malady. Inherent powers u/s 482 of Cr. P. C. include powers to quash FIR, investigation or all roughshod proceedings pending before the utmost apostrophize or any costs auxiliary to it and argon of wide magnitude and ramification. Such powers faeces be object lessond to plug ends of goodice, pr howevert deprave of the process of any court and to give birth such(prenominal)(prenominal) orders as whitethorn be indispensable to give effect to any order chthonic this Code, depending upon the facts of a given lineament. beg house always lot none of any miscarriage of justice and prevent the same by employment its powers u/s 482 of Cr. P. C. These powers be neither limited nor curtailed by any other nu trition of the Code. However such infixed powers argon exercised slimly and with caution. Section 482 CrPC talks about the inherent powers of the spirited courts. This branch reproduces naval division 561-A of the decree of 1898 without any change. It does non confer any spick-and-span powers on the superior courts barely saves such inherent powers which the court possess before the enactment of CrPC.Though the jurisdiction exists and is wide in its scope it is a rule of practice that it go forth that be exercised in portentous plates. The incision was added by the Code of Criminal Procedure (amendment) Act, 1923, as the uplifted courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section is a sort of monitoring device to the high courts that they are non merely courts of constabulary, but also courts of justice and possess inherent powers to remove injustice.The inherent power in the high is an inali enable attribute of the position it holds with respect to the courts qualified to it. These powers are part administrative and partly judicial. They arenecessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The expression ends of justice is not apply to comprise within it any vague or nebulous design of justice, nor even justice in philosophical sense, but justice accord to law, statute law and the common law.Inherent powers are in the nature of whimsical powers usable only if where no express power is available to the high courts to do a particular thing , and where the express power does not negativate the existence of such inherent power. The jurisdiction under section 482 is arbitrary the high court may refuse to exercise the discretion if a party has not approached it with clean hands. As per the scope of this section is concerned, it has a very wide scope. The inherent powers are only with the high courts and no other court female genitalia exercise these powers.The high courts are ensnare to exercise such powers whenever in that location is injustice done by the court below. Some of the inherent powers of the high courts are a)quashing of FIR. b) quashing of complaint. INHERENT JURISDICTION VESTED IN THE HIGH COURTS Saving of inherent power of mellow accost- Nothing in this Code shall be deemed to limit or affect the inherent powers of the exalted tribunal to make such orders as may be needed to give effect to any order under this Code, or to prevent abuse of the process of any Court or other to secure the ends of justice. The section was added by the Code of Criminal Procedure (Amendment) Act of 1923. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely -to give effect to an order under CrPC, -to prevent abuse of the process of the court, -to secure the ends of justice. The jurisdiction of the high court is confined to the court s subordinate to it in the state for which the high court has been readyd. An application under section 482 cannot be entertained by any court other than the high court.The inherent jurisdiction possessed by the high court under this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. Inherent powers under section 482 can be invoked only in the event when on that point is no other remedies open to the aggrieved party. The inherent jurisdiction of the high court preserved under this section is vested in it by law within the implicateing of article 21 of the constitution. The physical process for invoking the inherent powers may be regulated by rules which may imbibe been or be framed by the high courts.The power to make such rules is conferred on the high court by the constitution. Where the rules were previously framed, they continue in force by virtue of article 372 of the const itution. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING The power of quashing the roughshod proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be warrant in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations do in the F.I. R. or complaint and the extraordinary and inherent powers of Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice. However, the Court, under its inherent powers, can neither intervene at an uncalled for stage nor it can soft-pedal the communication channel of justice at a crucial stage of investigation/ proceedings. The supplyings of Articles 226, 227 of the organization of India and Section 482 of the Code are a device to advance justice and not to frustrate it.The power of judicial review is discretionary, however, it must be exercised to prevent the miscarriage of justice and for correcti ng some grave errors that might be committed by the Subordinate Courts as it is the duty of the High Court to prevent the abuse of process of law by the inferior Courts and to see that esteem of administration of justice remains clean and pure. However, there are no limits of power of the Court but more than the power more due care and caution is to be exercised invoking these powers.The Apex Court held that words under which the petition is filed is totally irrelevant and does not prevent the Courts from exercising its jurisdiction which otherwise it possesses unless there is a special procedure impose which procedure is mandatory. In a case the Honble controlling Court has indicated that the High Court should be loath to intercede at the threshold to screw up the prosecution exercising its inherent power under Section- 482 of the Code or under article 226 or 227 of the Constitution of India, as the case may be, and allow the law to take its own course.The Courts power is limi ted only to examine that the process of law should not be misused to chevy a citizen and for that purpose, the high Court has no authority or jurisdiction to go into the matter or examine the correctness of allegations unless the allegations are patently idiotic and inherently improbable so that no prudent soul can ever reach to such a conclusion and that there is qualified ground for proceeding against the accused but the Court, at that stage, cannot go into the truth or falsity of the allegations.In Trisuns Chemical Industry Vs. Rajesh Agarwal Ors. the autonomous Court placed reliance upon its earlier judgment in Rajesh Bajaj Vs. enounce N. C. T. of Delhi Ors. , and observed that the inherent power of the High Court should be limited to very extreme exceptions. The said judgment was approved and followed by the Apex Court in Ram Biraji Devi Vs. Umesh Kumar Singh Ors. , wherein the Apex Court reiterated that the power can be used only in extreme exceptions where it is r equisite to do so in the interest of justice.INTERFERENCE IN INVESTIGATION IN CRIMINAL OFFENCES In the case of Janata Dal Vs. H. S. Chaudhary, the positive Court endorsed the law laid crush by the Privy Council, that the statutory power of patrol to investigate cognoscible discourtesys could not be intermeddled with by the courts, (queen Emperor Vs. Khawaja Nazir Ahmed) The same view was endorsed by referee Chandrachud in the case of Kurukshetra University Vs. say of Haryana where it was reiterated that investigation of criminal disrespects, was a theater exclusively reserved for the Executive, through the practice of law department, the superintendence over which, vested in the State political science. This Court further held that the Court and judicial process should not interfere at the stage of investigation . In the case of State of Haryana Vs. Chaudhary Bhajan Lal Justice Pandian laid down as follows Investigation of disrespects is a content exclusively reserved fo r police officers whose powers in that field are untied so long as the power to investigate into the cognizable offences is legitimately exercised the courts are not justified in obliterating the track of investigation . The Magistrate is unploughed in the picture at all stages of the police investigation but he is not authorised to interfere with the actual investigation or to withdraw the police how that investigation is to be conducted VIEW OF THE SUPREME COURT In the landmark case State of Haryana v. Bhajan Lal A two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint- 1.The criminal complaint can be quashed when allegations made in the complaint, even if they are taken at their face valu e and authentic in their entirety, prima facie constitute any offence or make out a case against the accused somebody. 2. The criminal complaint can be quashed when allegations made in the complaint are so absurd and inherently improbable that on the basis of which no prudent person can ever reach a conclusion that there are sufficient grounds for continuing the proceedings against the accused person. . The criminal complaint can be quashed when the allegations made in the complaint and show hoard in support of the complaint does not shit the focusing of any offence against the accused person. 4. The criminal complaint can be quashed when the complaint is manifestly be with malafide or where the proceeding is maliciously instituted with an ulterior want for wreaking vengeance on the accused person and with a view to infract him due to private and personalized grudge. 5.The criminal complaint can be quashed when there is an express legal bar under any of the provisions of th e CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and continuance of criminal complaint. Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the perpetuation of an investigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court bequeath exercise its inherent power to quash the proceedings.In Pepsi Foods Ltd. v. Special Judicial Magistrate,the Supreme Court of India observed that Though the magistrate can discharge the accused at any stage of the exam if he considers the charges to be groundless, this does not mean that the accused cannot approach the High Court under section 482 to feel the complaint quashed if the complaint does disclose the commission of a cognizable offence against the accused person.In this case the Supreme Court held that the order of the High Co urt refusing to quash the complaint on the ground that alternate remedy was available under the CrPC to the accused person was not proper. However it has been held by the Supreme Court of India in Om Prakash Singh v. State of UP That if a complaint discloses the commission of a cognizable offence, it would not be a sound exercise of discretion to quash the criminal complaint.AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING RESTORATION OF COMPLAINTS Submitted to the Union Minister of uprightness and Justice, Ministry of Law and Justice, Government of India by Dr. Justice AR. Lakshmanan, Chairman, Law Commission of India, on the 22nd twenty-four hour period of August,2009. Inherent power of subordinate courts The subordinate criminal courts have no inherent powers. However, courts exist for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand.Even though inherent power saved under section 482, CrPC is only in favour of High Cour ts, the subordinate criminal courts are also not powerless to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling provision provided there is no prohibition and no illegality or miscarriage of justice is involved. All the criminal courts are having such an auxiliary power overcome to restriction which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else.A Division Bench of the Kerala High Court has in the matter of State Prosecutor held that the subordinate courts have the inherent power to act ex debito justitiae (in accordance with the requirement of justice) to do the real and substantial justice for which unsocial they exist. The absence of any savoir-faire to any other criminal court in the said provision does not necessarily imply that such courts can in no circumstances exercise inherent power. Courts may act on the formula that every procedure should be unders tood as permissible coin box it is shown to be prohibited by law. Law commissions 141st ReportThe twelfth Law Commission of India in its 141st Report titled Need for Amending the Law as regards Power of Courts to Restore Criminal Revisional Applications and Criminal Cases Dismissed for heedlessness in Appearance 1991 The Law Commission in its 141st Report recommended amendment of section 482 of the CrPC for conferment of inherent powers also on all subordinate criminal courts other than the High court. THE ACTIVIST PHASE The activist phase, in its rescue form, started from the necessity felt by the Supreme Court, to secure impartial investigation into the allegations of fake encounters, custodial deaths, and police torture.While initially the Judges were content to direct inquiries by the local District and Sessions Judges, subsequently in several cases, the Court directed investigation by the CBI directly. Still the Court did not interfere in investigation There is no denial of the fact that the investigation and prosecution of criminal offences is lackadaisical. Yet the question to be considered is whether monitoring of investigation by Supreme Court or the High Courts is the appropriate remedy. apart from the fact that monitoring of investigation invariably makes the judicial pyramid roughly stand on its head, it has larger connotations.The foremost consideration is, as to whether it is probably to result in denial of fair trial to the accused, and whether it amounts to adoption of a procedure which is unreasonable and is capable of falling foul of Article 21. In my view, whether this procedure violates Article 20 or 21 or not, in any case, it is not effective. The experiment in one of the cases in which this procedure was adopted by the Supreme Court has proved its futility. The conventional wisdom, on account of which, the courts refrained from interfering in investigation, was that the opinion of the investigating Officer was not binding upon the courts.Defects in investigation could be rectified by the trial Judges, by summoning other persons, found to be connected with the offences under section 319 of the Code of Criminal Procedure. The dignity and honour of the Courts would be meliorate preserved, if they maintain the traditional distance from the Investigating agencies. In the end, it needs to be realised that investigation is a specialised job, which has to be conducted in the field, by persons adept at it. Various techniques and strategies are adopted by the Investigating Officer, and the task of ascertainment of truth, is long, arduous and painful.The Courts continued insistence on modernisation of fact-finding techniques and upgrading the tools of technology, by deploying scientific methods of investigation, are the only means that may pull through in the long run. Judicial monitoring of investigation is an aberration and the preferably it ends, the better it is for the administration of criminal justice system . Guide-lines for exercising the inherent power -Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. Where the allegations in the prototypical Information Report and other materials, if any, accompanying the F. I. R. do not disclose a cognizable offence, justifying an investigation by police officers under S. 156(1) of the Code except under an order of a Magistrate within the purview of S. 155(2) of the Code. -Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out as case against the accused. Where, the allegations in the F. I. R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by as police officer without an order of a Magistrate ass contemplated under S. 155(2) of the Code. -Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/ or where there is a specific provision the Code or the concerned Act, providing efficient redress for the grievance of the aggrieved party. Where a criminal proceeding is manifestly attended with malafide and/ or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.It has been said there should be no undue interference by the High Court as no meticulous examination of t he evidence is needed for considering whether the case would end in assurance or not, at this stage. The High Court should interfere only where it is satisfied that if the complaint is allowed to be proceeded with, it would amount to abuse of process of court or that the interests of justice otherwise call for quashing of the charges. In Zandu Pharmaceutical Works Ltd. Vs. Mohd. Sharaful Haque & Ors. the Honble Apex Court held that criminal proceedings can be quashed but such power is to be exercised sparingly, carefully with caution and only when such exercise is justified by the tests specifically laid down in the statutory provisions itself. It is to be exercised ex debito justitiae to do real and substantial justice for administration of which alone Courts exist. Wherever any attempt is made to abuse that authority so as to produce injustice, the Court has power to prevent the abuse. A case where the FI. R. r the complaint does not disclose any offence or is frivolous, vexatiou s or oppressive, the proceedings can be quashed. It is, however, not necessary that at this stage there should be meticulous analysis of the case before the trial to find out whether the case ends in conviction or acquittal. The allegations have to be read as a whole. CONCLUSION The judiciary has to play a vital and important role, not only in preventing and remedying abuse and misuse of power, but also in eliminating development and injustice. For this purpose, it is necessary to make procedural innovationsThe summit judiciary in India, keenly alive to its social responsibility and accountability to the people of the country, has liberated itself from the shackles of occidental thought, made innovative use of the power of judicial review, forged bracing tools, devised new methods and fashioned new strategies. Soon thereafter, PIL was defined by Justice Bhagwati, in one of his articles entitled, Social Action Litigation the Indian get word, in the above words. So as per the ab ove discussion we have seen that how the high court uses its inherent powers and how important it is for the high courts to use these powers.Section 482 has a very wide scope and its really important for the courts to use it properly and wisely. Many a times it has been observed that when there is an issue of money for eg. Any money matter then the petitioner instead of register a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts. Thus section 482 is very important for acquiring proper justice and to stop the public from filing fictitious complaints just to fulfil their personal grudges.The functions of the judiciary and the police are complementary, and each one is to exercise its own functions. No doubt, the code of criminal procedure, gives to the police unfettered power to investigate all the cases, where they defen dant a cognizable offence has been committed. Even the high court does not interfere with such investigation, because it would be impeding investigation and the jurisdiction of the statutory authorities to exercise power in accordance with the provisions of criminal procedure code.However, in appropriate cases, aggrieved person can always try on a remedy by invoking the power of the high court under Article 226 of the constitution to issue the writ of mandamus, restraining the police officer from misusing his legal powers. Further, in Hazari lal Gupta V. Rameshwar Prasad, the apex court laid down, that the high court can quash proceedings, if there is no legal evidence or if there is any impediment in the investigation or continuance of proceedings.The policy of non-interference in the investigation was well explained by the Privy Council in King Emperor V. Khawaja Nazir Ahmad in the following terminology just as it is subjective that everyone accused of crime, should have free access to the court of justice, so that he may be duly acquitted, if found not guilty of the offence of which he is charged, so it is of utmost importance that the judiciary should not interfere with the police matter which are within their province and into which law imposes on them the duty of inquiry. BIBLIOGRAPHY 1. ttp//www. legalindia. in/inherent-powers-of-the-high-court-under-section-482-of-crpc 2. http//ipc498a. wordpress. com/2007/10/27/understanding-hc-quash-petitions-section-482-of-crpc/ 3. Gopal R Sohons code of criminal procedure, Vol- V, Lexis Nexis Butterworths, 20th Edition. 4. Lal Batuk The code of criminal procedure, Orient make company, 3rd Edition. 5. Ratanlal , Dhrijlal The code of criminal procedure, Lexis Nexis Butterworths, 17th Edition. 6. Sarkar S C The law of criminal procedure, Vol- II, Wadhwa company Nagpur, III Edition. . 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