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Section 482 CrPC or Section 482 of Code of Criminal Procedure 1973
The High Court is not given any new authority under Section 482 of the Code of Criminal Procedure; rather, its innate authority to guard against judicial abuse and maintain justice is preserved. Even offenses that are not punishable by compounding may be revoked under Section 482.
A key clause in the 1973 Code of Criminal Procedure, Section 482, gives the High Courts inherent authority to utilize their jurisdiction to uphold justice, prevent abuse of the legal system, and achieve other important goals. Therefore, by guaranteeing that the High Courts provide full justice, this section is among the most crucial ones that contribute to ensuring that the Indian Constitution’s golden triangle is maintained inside the legal system.
Purpose of Section 482 CrPC
Protecting the Ends of Justice and Preventing Abuse of Process: The High Courts has the authority to step in and stop lawsuits or complaints that are brought with the intention of harassing someone or with malicious intent. The High Courts can also guarantee that procedural problems do not prevent or postpone justice.
Protection of Innocent People and Quashing Criminal Proceedings: Under this section, the High Court may exercise its inherent authority to stop criminal proceedings, such as complaints and first information reports, and to shield innocent people from being unjustly accused in criminal cases when there is insufficient evidence to prove their innocence.
Dismissing Illegal Orders: Illegal orders issued by a court or tribunal may also be dismissed using the inherent powers granted by Section 482. The High Court may use these powers to revoke orders that are not legally enforceable, orders that were issued without jurisdiction, or orders that do not adhere to the fundamentals of natural justice.
Supreme Court Guidelines for filing Quashing of FIR under section 482 CrPC
The Hon’ble Supreme Court State of Haryana and Ors. vs Bhajan Lal and Ors has set out guidelines for quashing of FIR.
Conclusion of Section 482 CrPC in Kolkata High Court 2024
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