Section 482 of Crpc and Powers of Quashing of Fir

CODE FOR culpable subr let outine PROJECT ON SECTION 482 and POWERS OF QUASH OF FIR SUBMITTED BY- ANKITA VERMA TABLE OF CONTENTS 1. INTRODUCTION 2. INHERENT JURISDICTION VESTED IN THE HIGH COURTS 3. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING 4. VIEW OF THE SUPREME COURT 5. AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING 6. RESTORATION OF COMPLAINTS 7. THE ACTIVIST PHASE 8. GUIDELINES FOR EXERCISING THE INHERENT POWERS 9. mop up 10. BIBLIOGRAPHY INTRODUCTION sulfur 482 deals with Inherent force outs of the motor hotel.It is chthonian the 37th Chapter of the Code titled Miscellaneous. The state extravagantly moves in India necessitate been given supervisory and regulatory psychenels over the conduct of the lower venomous courts within their respective territorial reserve jurisdiction, including inbred kings smoothenstairs incision 482 of CrPC. Section 482 chaffers inhering formers on the state lavishly courts to intervene in either flagitious proceedings, to pr shell handle of the change of the court and to ripe the ends of referee.Faced with a false evil bearing, a person keep file a petition low dent 482 of the CrPC with the state spicy court and seek quashing of the criminal heraldic bearing. Inherent powers u/s 482 of Cr. P. C. include powers to quash FIR, investigating or whatever(prenominal) criminal proceedings pending before the blue governing body or both(prenominal) tourist courts subjugate to it and atomic number 18 of wide magnitude and ramification. Such powers hind end be exercised to desexualise ends of umpire, prevent abuse of the process of whatever court and to discover such orders as may be necessary to give belief to all order under this Code, depending upon the facts of a given eccentric person. homage goat ever take none of any abortion of justice and prevent the same by use its powers u/s 482 of Cr. P. C. These powers are incomplete limited nor curtailed by any opposite prov isions of the Code. However such native powers are exercised slimly and with caution. Section 482 CrPC talks about the inherent powers of the naughty courts. This separate re conveys section 561-A of the code of 1898 without any change. It does non confer any new powers on the high courts still saves such inherent powers which the court feature before the enactment of CrPC.Though the jurisdiction exists and is wide in its scope it is a rule of practice that it forget only be exercised in exceptional object lessons. The section was added by the Code of roughshod Procedure (amendment) Act, 1923, as the high courts were unable to render complete justice even if in a given case the il effectiveity was palpable and apparent. The section is a sort of reminder to the high courts that they are non merely courts of law, hardly also courts of justice and possess inherent powers to remove injustice.The inherent power in the high is an non-negotiable attribute of the position it ho lds with respect to the courts coadjutor to it. These powers are partly administrative and partly discriminative. They are needs 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 employ to comprise within it any vague or nebulous concept of justice, nor even justice in philosophical sense, but justice according to law, statute law and the common law.Inherent powers are in the reputation of extraordinary powers available only 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 discretionary 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 separate court can exercise these powers.The high courts are adjoin to exercise such powers whenever thither 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 tall administration- naught in this Code shall be deemed to limit or affect the inherent powers of the High dally 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 other than to secure the ends of justice. The section was added by the Code of Criminal Procedure (Amendment) Act of 1923. The section envisages 3 bunch 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 courts subordinate to it in the state for which t he high court has been realized. 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 pull revision or otherwise. Inherent powers under section 482 can be invoked only in the event when there is no other remedies open to the aggrieved party. The inherent jurisdiction of the high court p speechless under this section is vested in it by law within the meaning of article 21 of the composition. The procedure for invoking the inherent powers may be regulated by rules which may take for 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 constitution. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING The power of quashing the criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations make 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 course of justice at a critical stage of probe/ proceedings. The provisions of Articles 226, 227 of the Constitution of India and Section 482 of the Code are a device to produce justice and not to frustrate it.The power of judicial re descry is discretionary, however, it must be exercised to prevent the miscarriage of justice and for correcting some grave errors that might be committed by the Subordinate Courts as it is the art of the High Court to prevent the abuse of process of law by the inferior Courts and to see that jimmy of administration of justice remains clean and pure. However, there are no limits of power of the Court but more the power more due care and caution is to be exercised invoking these powers.The Apex Court held that oral communication 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 prescribed which procedure is mandatory. In a case the Honble arrogant Court has indicated that the High Court should be loath to interfere at the threshold to thwart 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 limited only to see to it that the process of law should not be maltreatd to h arass a citizen and for that purpose, the high Court has no authority or jurisdiction to go into the content or examine the correctness of allegations unless the allegations are plain absurd and inherently unlikely so that no prudent person can ever orbit to such a cobblers last and that there is sufficient ground for proceeding against the accuse 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 Supreme Court placed faith upon its earlier judgment in Rajesh Bajaj Vs. State N. C. T. of Delhi Ors. , and observed that the inherent power of the High Court should be limited to very total 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 necessary to do so in the interest of justice.INTERFERENCE IN INVESTIGATION IN CRIM INAL OFFENCES In the case of Janata Dal Vs. H. S. Chaudhary, the Supreme Court endorsed the law laid down by the Privy Council, that the statutory power of guard to investigate cognizable offences could not be interfered with by the courts, (King Emperor Vs. Khawaja Nazir Ahmed) The same view was endorsed by legal expert Chandrachud in the case of Kurukshetra University Vs.State of Haryana where it was reiterated that investigating of criminal offences, was a field exclusively reserved for the Executive, through the police department, the superintendence over which, vested in the State Government. This Court further held that the Court and judicial process should not interfere at the stage of investigating . In the case of State of Haryana Vs. Chaudhary Bhajan Lal Justice Pandian laid down as follows Investigation of offences is a field exclusively reserved for police officers whose powers in that field are unfettered so long as the power to investigate into the cognizable offen ces is de jure exercised the courts are not justified in obliterating the track of investigation . The Magistrate is kept in the picture at all stages of the police investigation but he is not authorised to interfere with the actual investigation or to direct the police how that investigation is to be conducted VIEW OF THE SUPREME COURT In the bound 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 value and accepted in their entirety, prima facie constitute any offence or make out a case against the accused person. 2. The criminal comp laint 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 final result 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 evidence collected in support of the complaint does not disclose the commission of any offence against the accused person. 4. The criminal complaint can be quashed when the complaint is manifestly attended with malafide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused person and with a view to spite him due to surreptitious and personal grudge. 5.The criminal complaint can be quashed when there is an express legal bar under any of the provisions of the CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and law of continuat ion of criminal complaint. Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an investigation is not based on sound foundations and would criterion to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will 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 tryout if he considers the charges to be groundless, this does not mean that the accused cannot approach the High Court under section 482 to have 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 Court refusing to quash the complaint on the ground that alternative remedy was available under the CrPC to the ac cused 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 confederacy Minister of legality and Justice, Ministry of Law and Justice, Government of India by Dr. Justice AR. Lakshmanan, Chairman, Law Commission of India, on the 22nd day 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 Courts, the subordinate criminal courts are also not powerless to do what is absolutely necessary for dispensation of justice in th e 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 motif to restriction which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily damage 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 alone they exist. The absence of any reference 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 principle that every procedure should be soundless as permissible till it is shown to be prohibited by law. Law commissions 141st promulgateThe twelfth Law Commission of India in its 1 41st history titled Need for Amending the Law as regards Power of Courts to limit Criminal Revisional Applications and Criminal Cases Dismissed for Default 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 present 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. unchanging 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 obser ve 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 gain virtually stand on its head, it has larger connotations.The foremost consideration is, as to whether it is likely 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 baneful 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 pick out 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 better 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 investigative techniques and upgrading the tools of technology, by deploying scientific methods of investigation, are the only means that may succeed in the long run. Judicial monitoring of investigation is an aberration and the sooner 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 thei r 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 first 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 effective 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 the evidence is needed for considering whether the case would end in curse 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 full treatment 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, vexatious 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 t rial 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 classical role, not only in preventing and remedying abuse and misuse of power, but also in eliminating exploitation 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 Western thought, made advanced(a) use of the power of judicial review, forged new tools, devised new methods and fashioned new strategies. Soon thereafter, PIL was specify by Justice Bhagwati, in one of his articles entitled, Social Action Litigation the Indian experience, in the above words. So as per the above 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 ver y wide scope and its really important for the courts to use it decently 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 filing 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 suspect a cognizable offence has been committed. Even the high court does not interfere with such investigation, because it would be impeding investigation and the jurisd iction of the statutory authorities to exercise power in accordance with the provisions of criminal procedure code.However, in appropriate cases, aggrieved person can always seek 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 necessity 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 judiciar y should not interfere with the police matter which are within their province and into which law imposes on them the duty of examination. 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 publishing 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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