State, Through Special Cell, New Delhi vs Navjot Sandhu @ Afshan Guru & Ors on 9 May, 2003
25. In respect of inherent powers of the High Court under Section 482 of Criminal Procedure Code in the case of Madhu Limaye the three Judge Bench of the Apex Court observed that "one of the principles in relation to the exercise of the inherent powers of the High Court which have been followed ordinarily and generally is that the power is not to be resorted to if there is specific provision in the Code for the redress of the grievance of the aggrieved party." The present application is under Section 482 of Criminal Procedure Code. As the applicants have an efficacious remedy of preferring revision against the order of Magistrate issuing process against them in view of the principles mentioned in para 8 in the decision in the case of Madhu Limaye, it is clear the power under Section 482 of Criminal Procedure Code ought not to be resorted to. In the case of State v. Navjot Sandhu @ Apshan Guru and Ors. , the Supreme Court has reiterated the above principles in the case of Madhu Limaye in relation to exercise of inherent power under Section 482 of Criminal Procedure Code.