case (1978 Cri LJ 165) (supra) urged that Section 397(2) of the Criminal Procedure Code was in pari materia with Section ... being given to this expression in relation to Section 397(2) of the Criminal Procedure Code. This contention of Shri Mridual was by necessary implication
section (1) of Section 401 , Cr.P.C. It is also to be noticed that under Sub-section (2) of Section 399 , ... garb of Section 482 , Cr.P.C. to circumvent the mandatory provisions contemplated under Sub-section (3) of Section 397 ,
rarest of rare cases. The petition Under Section 482 Cr.P.C. treated as one Under Section 397 Cr.P.C. as revision petition filed ... following directions:
(1) The petition Under Section 482 Cr.P.C. converted as one Under Section 397 Cr.P.C. as revision is directed
application facing the bar of Section 397(3) of the Code could be labelled as one under Section 482 Cr.P.C. we are satisfied ... above question as under:
The provisions of Section 397(3) of the Code of Criminal Procedure, 1973 do not limit or affect the inherent power
this case Sub-section [2) of the said section may be considered. Sub-section (2) of Section 397 , Criminal Procedure Code runs as follows ... principle underlying Section 397 (2) , Criminal Procedure Code deserves to be applied to this case. Section 35 Criminal Procedure Code would have applied
accused for offence under sections 304 A and 279 IPC. The court thereafter dismissed even application moved under section 319 CrPC. Apart from ... revision petition under section 399 CrPC by the Sessions Judge. A specific reference of section 397 CrPC has been made therein
Cr.PC (New Code) corresponds to Section 435 of the Criminal Procedure Code, 1898 (here in after referred to as the 'Old Code ... construction, we think that the power in Sub-section (2) of Section 397 of the New Code is not meant, to be attracted to such
this Court to exercise the powers under Section 482 Cr.P.C.
6. In my opinion, Section 482 Cr.P.C. being an independent provision ... proper to exercise the powers under Section 482 Cr.P.C. because the exercise of powers under Section 482 Cr.P.C. in the cases
Under Section 482 Cr.P.C. cannot be utilised for exercising powers, which are expressly barred by Sub-section (3) of Section 397 ... section (1) of Section 397 is prohibited by Sub-section (3) thereof, inherent power of the High Court is still available u/ Sec
that in view of the mandatory provisions contemplated under Sub-section (2) of Section 397 Cr.P.C. the learned Sessions Judge has no jurisdiction ... conferred upon the subordinate Courts such as under Section 151 CPC but under Criminal Procedure Code legislature thought it proper to confer inherent power
