Whetehr appplication under 482 can be filed if the revision petition is dismissed
Raj
(Querist) 05 October 2013
This query is : Resolved
Sir,..
More precisely I want to know that charges of 498-A/406 has been framed by trial court of JMIC..For set aside the charges framed Revision petition was filed directly before the High Court.
My query is if the revsion petition is dismissed by H.C can application under 482 CrPC can be filed in the same court??
Advocate M.Bhadra
(Expert) 06 October 2013
No, provision of sec.482 Cr.P.C. lies only in High court, if quashing petition would reject then you have to face the trial in Judicial Magistrate Court,
Section 482 of the Code deals with inherent power of High Court. It is under Chapter XXXVII of the Code titled "Miscellaneous" which reads as under:
"482. 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 under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."
Raj
(Querist) 06 October 2013
Dear Sir, I know the relevant clipping and know that if 482 petition is dismissed only remedy is SLP...What I am seeking the opinion is that if I file the revision petition under 397 directly before the H.C and H.C dismissed my reviosn petition,In that case whther I can use the remedy under 482 CrPC by filing fresh petition again??
ajay sethi
(Expert) 06 October 2013
your revision petition has been dismissed on merits by the high court . what is the sense in moving HC now for quashing under section 482 . . you will be wasting your money
