High Court is barred either under Section 397 (2) or under Section 397 (3) and Section 399 (3) of the Code of Criminal Procedure ... expressly barred under Sub-section (2) of Section 397 of the 1973 Code the inherent powers contained in Section 482 would not be available
Goswamy, J.
(1) The prayer in this petitioner under Section 397 / 482 of the Code of Criminal Procedure is for quashing the proceedings pending against ... Nagar, New Delhi including the notice dated 22-7-82 issued under Section 111 of the said code and for declaring the arrest
High Court can exercise power under Section 482 of the said Code even though remedy under Section 397 is not availed of. He submitted that ... submitted that power of this court under Section 482 is not controlled by Section 397 of the said Code. He invited my attention
Section 561-A (which is now Section 482 ) is quite different from the powers conferred by the present code under the provisions of Section 397 ... specifically bar under Section 397(3) Cr.PC. There in neither inconsistency in the provisions of Sections 397 and 482 nor in there any conflict
Counsel for the Forest Department.
2. In this petition, under Section 397/401/482 read with Section 451 Cr.P.C.,
the petitioner - Shri Deep ... being
exercised by this court is the revisional jurisdiction, under Sections 401 / 397 / 482
of the Code of Criminal Procedure, which is only limited
scope of jurisdiction under
these two provisions, i.e., Section 397 and Section
482 of the Code and the fine line of jurisdictional
distinction ... quashing of charge either
in exercise of jurisdiction under Section 397 or
Section 482 of the Code or together, as the case
scope of jurisdiction
under these two provisions, i.e., Section 397 and
Section 482 of the Code and the fine line of
jurisdictional distinction ... quashing of charge either in exercise of
jurisdiction under Section 397 or Section 482 of
the Code or together, as the case
scope of
jurisdiction under these two provisions i.e.
Section 397 and Section 482 of the Code
and the fine line of jurisdictional
distinction ... quashing of charge either in
exercise of jurisdiction under Section 397
or Section 482 of the Code or together, as
the case
section (1) of Section 397 is prohibited by sub section
(3) thereof, inherent power of the High Court is still available
under Section 482 ... scope of the power of the High Court under Section 482 and
Section 397 (2) of the Code. The Apex Court held that
scope of jurisdiction under these two provisions, i.e., Section 397 and Section 482 of the Code and the fine line of jurisdictional distinction ... quashing of charge either in exercise of jurisdiction under Section 397 or Section 482 of the Code or together, as the case
