CODE FOR CRIMINAL PROCEDURE PROJECT ON
SECTION 482 and POWERS OF QUASH OF FIR
TABLE OF CONTENTS
2. INHERENT JURISDICTION VESTED IN THE HIGH COURTS
3. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING
4. VIEW OF THE SUPREME COURT
5. AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING
6. RESTORATION OF COMPLAINTS
7. THE ACTIVIST PHASE
8. GUIDELINES FOR EXERCISING THE INHERENT POWERS
Sec 482 deals with Inherent powers of the Court. It is under the 37th Chapter of the Code titled “Miscellaneous”.
The state high courts in India have been given supervisory and regulatory powers over the conduct of the lower criminal courts within their…show more content… The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely:
-to give effect to an order under CrPC,
-to prevent abuse of the process of the court,
-to secure the ends of justice.
The jurisdiction of the high court is confined to the courts subordinate to it in the state for which the high court has been constituted. An application under section 482 cannot be entertained by any court other than the high court. The inherent jurisdiction possessed by the high court under this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. Inherent powers under section 482 can be invoked only in the event when there is no other remedies open to the aggrieved party.
The inherent jurisdiction of the high court preserved under this section is vested in it by law within the meaning of article 21 of the constitution. The procedure for invoking the inherent powers may be regulated by rules which may have been or be framed by the high courts. The power to make such rules is conferred on the high court by the