Motu exercise its inherent u/s. 482 of Cr.P.C. or revisional jurisdiction u/s. 397 ... recapitulate the language used in these sections. Section 482 of Cr.P.C. reads as follows:
"482. Saving of inherent powers of High Court
order despite the provision contained in Sub-section (3) of Section 397 and Sub-section (3) of Section 399 of the Code ... reading 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 ... 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
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 .
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128. Sections 397, 401 and 482 of the new Code are analogous to Section
Supreme Court was considering the scope of powers granted under Section 397 and Section 482 Cr.P.C. to the High Court. In Paragraph ... which the Courts including the High Court can exercise under Section 397 and Section 482 of the Code. Section 397 of the Code vests
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
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
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 of Sessions under Section 397 of the Code or this Court under Sections 397/401 or 482 of the Code or Article ... move under Section 439 of the Code. He has to seek his repose in the provisions of Sections 397, 397/401, 482 or the constitutional
482 stands repelled when the revisional power under Section 397 overlaps. The opening words of Section 482 contradict this contention because nothing of the Code ... magnitude and are not as limited as the power under Section 397 . Section 482 can be invoked where the order in question is neither
