Police Station : Prashant Vihar
Under Sections : 307/394/397/411/482/201/34 IPC & 27 Arms Act
Date of committal to Sessions Court ... this Court was pleased to frame the charges u/s 307 / 397 / 411 / 482 / 201 / 34
IPC and Section 25 / 27 Arms Act against accused
Section 397(2). This Court further held that while Section
397(2) applied to the exercise of revisional powers of the High
Court, Section 482 ... provisions contained in sub-section (2) of Section 397 or Section 401,
the complainant moved the High Court under Section 482
Section 397(2). This Court further held that while Section 397(2) applied to the exercise of revisional powers of the High Court, Section 482 ... language of Section 482". Thus, whether it is the prohibition under Sub-section (2) or Sub-section (3) of Section 397, it stands
which the courts
including the High Court can exercise under Section 397 and Section 482 of
the Code. Section 397 of the Code vests ... magnitude and are not as limited as the power
under Section 397 . Section 482 can be invoked where the order in question
is neither
expressly barred under sub-section (2) of section 397 of the 1973 Code the inherent powers contained in section 482 would not be available ... expressly barred under sub-section (2) of section 397 of 1973 Code, the inherent powers contained in section 482 would not be available to defeat
magnitude and are not
as limited as the power under Section 397 . Section 482 can be
invoked where the order in question is neither ... scope of jurisdiction under these two
provisions, i.e., Section 397 and Section 482 of the Code and
the fine line of jurisdictional distinction
reading of both the
Sections, it can be said that exercise of powers
10
under Sec.397 and Section 482 of the Code ... Section 482 of the Code, has
been discussed as is provided for in the Section
itself, without there being any reference to
Section 397
independent of Section 397(3) while Section 397(3) applies to the exercise of the revisional power of the High Court, Section 482 regulates ... section (3) of Section 397 Cr. P. C. Looking to the object, with which Section 397(3) has been enacted, the powers under Section 482
leading of Section 482, however, it would follow that nothing in the Code, which would include Sub-section (2) of Section 397 also, shall ... expressly barred under Sub-section (2) of Section 397 of the 1973 Code the inherent powers contained in Section 482 would not be available
magnitude and are not as limited as the power under Section 397. Section 482 can be invoked where the order in question is neither ... scope of jurisdiction under these two provisions, i.e., Section 397 and Section 482 of the Code and the fine line of jurisdictional distinction
