Dr G Madegowda vs State Of Karnataka on 7 April, 2020
22. The counsel would also contend that in
order to maintain a criminal petition under
section 482 of Cr.P.C., there is no scope to quash
the same and the order impugned is revisable
order under section 397 and 401 of Cr.P.C. In
support of his contention he relied upon the
judgment in the matter of Vali & Ors., vs. Vali
Mohd. & Ors., repor ted in 1979 WLN 120 and also
relied upon the judgment in the matter of Janata
Dal vs. H.C.Chowdhary & Ors., repor ted in (1992)
4 SCC 305, wherein a discussion was made with
regard to exercising the inherent powers of the
High Court under Section 482 of Cr.P.C. and that
the statute provides revisional powers provided
under Section 397 read with section 401 of
Cr.P.C. This Court cannot invoke section 482 of
Cr.P.C. and also the writ jurisdiction to question
the order of accepting the B report. The very
26
invoking section 482 of Cr.P.C. is erroneous and
hence the very writ petition is not maintainable.