CrPC Section 482
Section 482 of the Criminal Procedure Code (CrPC) of India:
⚖️ Section 482 CrPC – Saving of inherent powers of High Court
Bare Act Text:
"Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to:
give effect to any order under this Code, or
prevent abuse of the process of any Court, or
otherwise secure the ends of justice."**
✅ Key Points:
Section 482 saves the inherent powers of the High Court.
It allows the High Court to intervene even if no specific provision of the CrPC applies.
It can be used to:
Ensure justice is served,
Prevent misuse of the legal process,
Enforce compliance with orders already passed.
🧠 When is it used?
High Courts often invoke Section 482 to:
Quash FIRs or criminal proceedings that are frivolous, malicious, or abuse of process.
Intervene in matters where procedural errors could lead to miscarriage of justice.
Prevent harassment when a case lacks legal merit.
⚖️ Important Case Law:
State of Haryana v. Bhajan Lal (1992):
Laid down guidelines for quashing FIRs under Section 482, including cases where:
Allegations don’t disclose an offence,
Proceedings are malicious or intended to harass,
Criminal law is being misused for civil disputes.
Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre (1988):
Held that if the continuation of proceedings would amount to misuse of the judicial process, High Court can interfere.
🔍 Limitations:
This power is extraordinary and must be used sparingly and with caution.
It cannot override express provisions of the CrPC.
Not a substitute for appeals or revisions.
📘 Summary:
Section 482 CrPC is a powerful tool in the hands of the High Court to ensure justice, prevent misuse of the courts, and correct serious errors. But it must be exercised judiciously, not routinely.
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