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27. Having discussed the scope of
jurisdiction under these two provisions i.e.
Section 397 and Section 482 of the Code
and the fine line of jurisdictional distinction,
now it will be appropriate for us to enlist
the principles with reference to which the
courts should exercise such jurisdiction.
However, it is not only difficult but is
inherently impossible to state with
precision such principles. At best and upon
objective analysis of various judgments of
this Court, we are able to cull out some of
the principles to be considered for proper
exercise of jurisdiction, particularly, with
regard to quashing of charge either in
exercise of jurisdiction under Section 397
or Section 482 of the Code or together, as
the case may be: