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Documents citing Arun Shankar Shukla vs State Of Uttar Pradesh & Ors on 23 July, 1999

Pramod Sah vs State Of H.P. & Others on 30 June, 2025

In Arun Shankar Shukla v. State of U.P. [(1999) 6 SCC 146: 1999 SCC (Cri) 1076] the High Court had entertained a petition under Section 482 CrPC after an order of conviction had been passed by the Sessions Judge and before the sentence had been awarded and further proceedings in the case had been stayed. In appeal, this Court set aside the order of the High Court after reiterating the principle that it is well settled that inherent power is not to be invoked in respect of any matter covered by specific provisions of the Code or if its exercise would infringe any specific provision of the Code. It was further observed that the High Court overlooked the procedural law which empowered the convicted accused to prefer a statutory appeal against conviction of the offence and intervened at an uncalled for stage and soft-pedalled the course of justice at a very crucial stage of the trial. The order of the High Court was accordingly set aside on the ground that a petition under Section 482 CrPC could not have been entertained as the accused had an alternative remedy of an appeal as provided in the Code. It is not necessary to burden this judgment with other decisions of this Court, as the consistent view throughout has been that a petition under Section 482 CrPC cannot be entertained if there is any other ::: Downloaded on - 30/06/2025 21:21:11 :::CIS 9( 2025:HHC:20447 ) specific provision in the Code of Criminal Procedure for redress of the grievance of the aggrieved party.
Himachal Pradesh High Court Cites 42 - Cited by 0 - Full Document

Pardeep Kumar And Anr vs State Of Himachal Pradesh & Anr on 6 September, 2024

In Arun Shankar Shukla v. State of U.P. [(1999) 6 SCC 146: 1999 SCC (Cri) 1076] the High Court had entertained a petition under Section 482 CrPC after an order of conviction had been passed by the Sessions Judge and before the sentence had been awarded and further proceedings in the case had been stayed. In appeal, this Court set aside the order of the High Court after reiterating the principle that it is well settled that inherent power is not to be invoked in respect of any matter covered by specific provisions of the Code or if its exercise would infringe any specific provision of the Code. It was further observed that the High Court overlooked the procedural law which empowered the convicted accused to prefer a statutory appeal against conviction of the offence and intervened at an uncalled for stage and soft-pedalled the course of justice at a very crucial stage of the trial. The order of the High Court was accordingly set aside on the ground that a petition under Section 482 CrPC could not have been entertained as the accused had an alternative remedy of an appeal as provided in the Code. It is not necessary to burden this judgment with other decisions of this Court as the consistent view throughout has been that a petition under Section 482 CrPC cannot be entertained if there is any other specific provision in the Code of Criminal Procedure for redress of the grievance of the aggrieved party.
Himachal Pradesh High Court Cites 21 - Cited by 0 - Full Document

Reserved On: 10.12.2025 vs State Of Himachal Pradesh & Others on 16 December, 2025

15. The judgment in Arun Rana (supra) will not help the petitioner because the Coordinate Bench of this Court found reasonable cause was assigned by the petitioner in the cited case. In the present case, the petitioner has not established any reasonable ::: Downloaded on - 16/12/2025 20:37:27 :::CIS 11 2025:HHC:43720 cause for non-appearance. Further, the copies of the order-sheets have not been filed to demonstrate any error in the procedure adopted .
Himachal Pradesh High Court Cites 12 - Cited by 0 - Full Document
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