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 ... provisions contained in sub-section (2) of Section 397 or Section 401,
the complainant moved the High Court under Section 482
independent of Section 397(3) while Section 397(3) applies to the exercise of the revisional power of the High Court, Section 482 regulates ... section (3) of Section 397 Cr. P. C. Looking to the object, with which Section 397(3) has been enacted, the powers under Section 482
leading 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
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
motu take cognizance while exercising my powers under Sections 397 and 401 read with Section 482 of the Code, and direct the office to register ... taking cognizance in exercise of the powers under Sections 397 and 401 read with Section 482 of the Code based on the convoluted and strained
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
397(2)
the inherent powers contained in s. 482 would not be
available to defeat the bar contained in s. 397(2) . Section
482 contains ... available to defeat the bar
contained in s. 397(2). Section 482 of the 1973 Code
contains the inherent powers of the Court and does
inherent powers of the High Court under Section 482 stands
repelled when the revisional power under section 397
overlaps because nothing in the Code ... present
situation is concerned is the same, be it under section 397
or section 482 of the Code. [1087E-G]
Madhu Limaye v. State
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
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
