A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. These powers are partly administrative and partly judicial. In the case of Rajesh Kumar Sah v. Therefore, policy of the law is interlocutory orders, pure and simple, should not be taken up to High Court for the exercise of its inherent powers under Section 482 as it results in unnecessary litigation and delay. A commercial transaction or a contractual dispute, apart from furnishing a cause of action for seeking remedy in civil law, may also involve a criminal offence. It would be an abuse of the process of the court to allow any action which would result in injustice and prevent promotion of justice. Many a times it has been observed that when there is an issue of money for eg.
Copy submitted to the Proh. The High Court of Orissa held that the Magistrate should not have defied the directions of the High Court. Inherent power of the court is saved to interfere with the proceedings pending before a Criminal Court if such interference is required to secure the ends of justice or where the continuance of proceedings before a court amounts to abuse of the process of Court. In order to save time of the Court, section 291A has been inserted with a view to make memorandum of identification prepared by the Magistrates admissible in evidence without formal proof of facts stated therein with a provision that the Court may, if it thinks fit, on the application of the prosecution or the accused, summon or examine the Magistrate as to the subject-matter contained in the memorandum of identification. In the present case, having regard to the fact that the liability to make good the monetary loss suffered by the bank had been mutually settled between the parties and the accused had accepted the liability in this regard, the High Court had thought it fit to invoke its power under Section 482 Cr.
The inherent power conferred on High Court under Section 482 empowers the Court to expunge the observations or remarks made by it or by subordinate lower Court in respect of conduct of a person or official if it thinks it necessary to do so to prevent abuse of the process of the Court or otherwise to secure the ends of justice. It has been pointed out by the Supreme Court that the High Court is not to take recourse to its inherent powers whenever it is unable to exercise its revisional powers in cases of interlocutory orders. The Court in such cases may be on its guard and consider evidence carefully. Power to take bond for appearance. As the nature and scope of civil proceedings are different from a criminal proceeding, the mere fact that the complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available or has been availed, is not by itself a ground to quash the criminal proceedings. Mukherjee preferred the afore-stated petition under Section 482 of the Code for quashing of the order summoning them to stand trial, before the Calcutta High Court.
. No doubt, the code of criminal procedure, gives to the police unfettered power to investigate all the cases, where they suspect a cognizable offence has been committed. A may be separately charged with and convicted of, offences under sections 3 17 and 304 of the Indian Penal Code 45 of 1860. Jain and Saket Gore supra that it would be appropriate for the parties to file revision application against the order of issuance of process. Added by Act 43 of 1991, sec.
Jain and others supra this Court has clearly opined that when a process is issued, the provisions of Section 482 of the Code can be resorted to. According to the High Court, in order to arrive at a conclusion whether or not on the available materials the accusation against the appellants would be sustained or not, a detailed enquiry by appreciation of the evidence would be required and such an exercise, being entirely a matter of trial, cannot be undertaken in proceedings under Section 482 of the Code. Thus where the Magistrate passed derogatory remarks condemning the conduct of a person whose name was merely referred to by the witnesses and no opportunity of being heard was given to him, the High Court ordered expunction of the remarks exercising its inherent powers under Section 482 of the Code. Act 24 of 1988 sec. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprits be suitably dealt with, is a complaint; Mohd. Malhotra submitted that the High Court had failed to consider the fact that the ejectment proceedings initiated by the Appellant No. The section was added by the Code of Criminal Procedure amendment Act, 1923, as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. Such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years as the Magistrate thinks fit. State of Maharashtra has laid down the guiding principles for the exercise of inherent power by the High Court under Section 482 1 of the Code. However, if the court finds that there is no specific provision dealing with a particular issue it has inherent powers to pass orders which serve justice.
It is in such circumstances that it was observed by this Court that the High Court had rejected the submissions made on behalf of the Appellant therein that since it had all the trappings of a Court, the Competent Authority was a Court in the eye of law and consequently possessed inherent powers to condone the delay. Aggrieved by the order of the Magistrate taking cognizance of the complaint, appellants together with Mr. Copy of order to accompany summons or warrant. Power to issue summons or warrant for offence committed beyond local jurisdiction. Where a satisfactory disposition of the case has been worked out under section 265D, the Court shall dispose of the case in the following manner, namely:- a the Court shall award the compensation to the victim in accordance with the disposition under section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 20 of 1958 , or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused; b after hearing the parties under clause a , if the Court is of the view that section 360 or the provisions of the Probation of Offenders Act, 1958 20 of 1958 , or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the case may be; c after hearing the parties under clause b , if the Court finds that the offence committed by the accused is not covered under clause b or clause c , then, it may sentence the accused to one-fourth of the punishment provided or extendable, as the case may be, for such offence. A case under Sec 498 I.
Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure Amendment Act, 1978 Central Act 45 of 1978 purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid. The functions of the judiciary and the police are complementary, and each one is to exercise its own functions. When an act is an offence by reason of its relation to any other act which is also all offence or which would be an offence if the doer were capable of committing all offence, the first-mentioned offence may be inquired into or tried by a court within whose local jurisdiction either act was done. Notwithstanding the rejection of this Application, it will be open for the Applicants to take out appropriate proceedings before the appropriate court. The provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code.
The section does not confer any new powers on the High Court. As a matter of fact Illustration g to Section 415 makes the position clear enough to indicate that mere failure to deliver in breach of an agreement would not amount to cheating but is liable only to a civil action for breach of contract. Offence committed on journey or voyage. Siddharth Dave, Neil Hildreth, Praveen Kumar and Tarun Gulati for the Appellants. It is not possible to hold that Rs.