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“The conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years together.”
Rajasthan High Court held that the High Court’s inherent powers under Section 482 CrPC do not extend to interfering with orders of the District Collector acting under Section 6-A of the RBA Act in a quasi-judicial capacity.
Section 23 of the Kerala Protection of Riverbanks and Regulation of Removal of Sand Act, 2001 states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials.
The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.
“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”
The Court stated that as per the amended definition of rape, any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial.
Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.
Allahabad High Court said that, while deciding an application under Section 482 CrPC, it can only examine whether the case for trial of the accused person is made out on the basis of prosecution allegations and the material collected in support thereof.
“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”
The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.
The present case is “nothing but the assimilation of personal and political antipathies, more precisely, a politically oriented-animosity, which makes the petitioner’s prosecution malicious.”
Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.
The petitioners have told the Court that though they are not directly affected by Rajasthan High Court’s order, they had approached the Court as the State, which is the Guardian of the interests of the persons living in the State, has chosen not to appeal and if the accused teacher will go unpunished in this case, not only him but other teachers may also commit similar offences with girls in future.
Rajasthan High Court: The Court exercising its inherent powers under Section 482 of Criminal Procedure Code (Code), quashed the First
Delhi High Court: In a case filed under Section 482 of Criminal Procedure Code, by an accused who happens to
Jharkhand High Court: Sanjay Kumar Dwivedi, J., quashed the criminal proceeding registered under Sections 420, 406, 34, 120-B of the Penal Code
Punjab and Haryana High Court: In the case relating to the compundable offence under Section 420 of the Penal Code, 1860 and
Delhi High Court: Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed
Delhi High Court: Rajnish Bhatnagar, J., expressed that the Court in the exercise of its jurisdiction under Section 482 CrPC cannot go