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
JUDGMENT
Chandurkar, J.
1. This is a petition filed under Sections 397 and 482 of the Code of Criminal Procedure as well as under Article ... petition either under Article 227 of the Constitution or under Section 397 or 482 of the Code of Criminal Procedure as has been done
reading of Section 482 , however, it would follow that nothing in the Code, which would include Sub-section (2) of Section 397 also, 'shall ... 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
Sessions Judge. Magistrate then summoned all accused. Petition under Sections 482 and 397 of the Code against that order was dismissed by the High Court ... Section 397(2) and cannot be the subject of revision by the High Court, then to such a case the provisions of Section 482 would
better to have reference with the
proviso to Section 482 of Cr.P.C.
Section 482 -
Nothing in this Code shall be deemed to limit ... revision under Section 399, he can file petition under Section 482 Cr.P.C.
Even when the order is hit by Section 397
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
Court by way of the instant
petition under Sections 397 and 401 read with Section 482 of the Code of
Criminal Procedure (hereinafter referred ... aforementioned orders, the Petitioner has
approached this Court, under Sections 397/401 read with Section
482 of the Code, praying for setting aside the impugned
given situation can be
interfered under Section 397(2) or even under Section 482 of the Cr. P.C.
or under Article ... liable to be
interfered with under Section 397(2) or even under Section 482 Cr.P.C.,
the principle laid down in Madhu Limaye (supra
482 of Code of Criminal Procedure , it may be useful to recapitulate the language used in these sections. Sub-section (1) of Section 397 ... inherent powers of the High Court) of the CrPC .
...................................
...................................
128. Sections 397, 401 and 482 of the new Code are analogous to Section
enlisted certain principles with reference to
exercise of power under Section 397 and Section 482 of Cr.P.C. by the
Courts while deciding ... scope of jurisdiction under these
two provisions, i.e., Section 397 and Section 482 of the
Code and the fine line of jurisdictional distinction
