reading of Section 482,
however, it would follow that nothing in the
Code, which would include sub-section (2) of
Section 397 also, “shall ... order,
the same could not be interfered with under Section 397(2) nor
under Section 482 Cr.P.C. 19 It was further held that
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
that sub-Section (3) of Section 397 does
not at all limit the inherent powers of the High Court contained
in Section 482. It merely ... expressly barred under sub-Section (2) of Section 397 of the
Code, the inherent powers contained in Section 482 would
direction as prayed by respondent No.2 in his application
under Section 482 Cr.P.C.
12. With regard to locus of a third party ... petition was dismissed by the Special Judge. A
criminal Revision under Sections 397/482 Cr. P.C. was filed
by H.S. Chowdhary
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
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
filing revisions under Section 397 of the Criminal Procedure Code or by filing petitions under Section 482 of the Criminal Procedure Code, stay ... provisions contained in Sections 19 , 22 , 23 and 27 of the Prevention of Corruption Act, 1988 and Sections 397 and 482 of the Criminal Procedure
petition was
dismissed by the Special Judge. A criminal Revision under Sections
397/482 Cr. P.C. was filed by H.S. Chowdhary ... invoke the revisional jurisdiction of the High
Court under Sections 397 read with 401 of the CrPC challenging
the correctness, legality or propriety
This criminal revision has been filed by the petitioner under
Section 397 / 482 of the Criminal Procedure Code (for short ... Judge under the Prevention of Corruption
Act , Vidisha, whereby the applications under Section 91 and 311 ,
Cr.P.C. have been rejected and then again
direction as prayed by respondent
No.2 in his application under Section 482
Cr. P.C.
12. With regard to locus of a third party ... petition was dismissed by the Special
Judge. A criminal Revision under Sections
397/482 Cr. P.C was filed by H.S.
Chowdhary
