liable to be interfered with under Section 397(2) or even under Section 482 CrPC, the principle laid down in Madhu Limaye [Madhu Limaye ... under Section 482 CrPC is unwarranted. We would simply reiterate that Section 482 begins with a non obstante clause to state:
"482. Saving
that this Court in exercise of its jurisdiction under Section 397 (1) read with Section 482 Cr.P.C. can not only quash the Cognizance ... provision for bail in the Code itself, jurisdiction under Section 397 (1) read with Section 482 of the Code cannot be invoked for the purpose
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
respondents.
[2] The present petition had been filed under Section 482 and section 397
of the Cr.P.C. praying for quashing the entire proceeding ... respondents submitted
that the provisions under section 482 Cr.P.C. and section 397 Cr.P.C. are
Cril. Petn. No. 43 of 2021 Page
present revision petition U/s
397 Cr.P.C R/w Section 401 Cr.P.C R/w Section 482 Cr.P.C. filed ... scope of jurisdiction under these
two provisions, i.e., Section 397 and Section 482 of the
Code and the fine line of jurisdictional distinction
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 may be:
(Downloaded
expressly
barred under sub-section (2) of Section 397 of the 1973
Code the inherent powers contained in Section 482
would not be available ... defeat the bar contained in
Section 397(2) . Section 482 of the 1973 Code contains
the inherent powers of the Court and does not confer
2021
This is a petition filed by the petitioner under Sections 397, 482 read
with 19(4) of Cr.P.C . for setting aside
