Querist :
Anonymous
(Querist) 12 May 2011
This query is : Resolved
Opinion & Case Laws Required of SC only
It has been said by the various binding precedent that High Court will not interfere the Police Investigation? So my question is what about section 482 of the Crpc it has no value. Because Section 482 of the Crpc says it has inherent powers so why can’t HC interfere in the Police Investigation? It means during the Investigation HC has no powers to use his inherent powers given by the statute u/s 482 of the Crpc also HC has no powers for any injunction, Quash, powers during the investigation. So we can say that section 482 is not applicable during Investigation. Pls Provide me the Case law which say that HC has no powers during the Investigation because either the IPC, CPC or Crpc has said that during the Investigation HC has no powers to interfere. But CPC & Crpc on the contrary has given inherent powers u/s 151 of the CPC & u/s 482 of the Crpc.
LD Members Are welcomed. Give me the case law as many as possible.
PARTHA P BORBORA
(Expert) 12 May 2011
the high court has the power to interfare. but a high court interfere during investigation when there is sufficient ground for interfarence.
Kiran Kumar
(Expert) 12 May 2011
http://indiankanoon.org/doc/1836621/
check the above link, its a SC judgment titled as
Sakiri Vasu v/s State of UP
hopefully it will answer your query.
Querist :
Anonymous
(Querist) 13 May 2011
This is the Excellent answer given by the respected LD member Kiran Kumar Thanks Upto the sky limit.
God Bless u .
Rajesh kumar singh
(Expert) 02 January 2012
inherent powers of high court not given by u/s 482 of the Crpc. high court already has inherent power from constitution. cr.p.c. not affect the power of high court. - 482cr,p.c.- Saving of inherent power of High Court.
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 this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
Advocate. Arunagiri
(Expert) 02 January 2012
High court is having all such powers to interfere into the investigation of the police.
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