Criminal Procedure Code starts with the words "Nothing in this Code". Thus the inherent jurisdiction of the High Court under Sectin 482 ... power of the High Court under Section 482 of Code of Criminal Procedure relating to matrimonial disputes. To illustrate, if it was a case under
Criminal
Procedure . The inherent powers of the High
Court have not been limited by any other
provisions contained in the Code of Criminal
Procedure ... words ?Nothing in this Code? in Section 482 of
the Code of Criminal Procedure, but, the
powers under Section 482 of the Code of
Criminal
criminal proceedings. It is
submitted that the grounds on which the criminal proceedings can be
quashed in exercise of powers under Section 482 ... Constitution of India and Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter called as “ CrPC ”) are a device to
advance justice
appellants approached the High
Court by filing a petition under Section 482 Cr.P.C. for quashing the
aforemen-tioned order of the learned Magistrate ... offence under
Section 420 IPC only.
The High Court dismissed the petition filed under Section 482 Cr.P.C. by
the impugned order placing reliance
Code of
Criminal Procedure, 1973 (hereinafter called Cr.P.C .) and as to whether
in exercise of its inherent jurisdiction under Section 482 ... courts "are bound by the Penal
Code and Criminal Procedure Code " by the very `oath' of the office.
3
(See: Joseph Peter
Court while refusing to exercise
inherent powers under Section 482 of the Code of Criminal Procedure ( CrPC )
to interfere in an application ... exercise of its inherent powers under Section 482 of the Code of Criminal
Procedure, it could quash a first information report. The police
Sambhajirao C. Angre 1988 SCC (Crl.) 234 referring to Section 482 of the Code of Criminal Procedure 1973, it was held that when a prosecution ... wholly unjustified in invoking its inherent power under Section 482 of the Code of Criminal Procedure to quash the cognizance taken in asmuchas the allegation
Code
but inherent jurisdiction cannot be exercised so as to nullify
the provision of the Code of Civil Procedure . Where the Code of
Civil Procedure ... intention of the Legislature enacting the Code of Criminal
Procedure and the Code of Civil Procedure vis-à-vis the law laid down
by this
Criminal Procedure would mean 'a
criminal court' or whence a power is exercised by the court under
the Code of Criminal procedure. Once ... Magistrate / Criminal Court has no
material before it and therefore, present Criminal Misc.
Application under section 482 of the Code of Criminal
Procedure cannot
High Court with the following observation:
“This criminal misc. petition has been filed under section
482 Cr.PC for quashing of FIR No.10/2000 ... criminal courts should exercise their available powers, such
as those under Sections 309 , 311 and 258 of the Code of Criminal
Procedure to effectuate
