PT (NA) 01 May 2012

482 powers

Hello All,

1) When a petition is filed under a certain section of CrPc, can a High Ct Judge suo moto issue an order under a different section (482) CrPc ignoring the specific section under which the petition was filed seeking relief. Is there any precedent that you are aware of?

2) Lets say an order is passed in the HC on criminal side and this cannot be appealed in the HC and neither there is a revision/ review process in the HC. Now certain existing Apex court judgments came to light which go against the order of the HC. Can this citations/ judgments be enough to file an SLP in the Supreme Ct. OR should a question of law necessarily arise in order to be heard in SC

Regards

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2 Replies

Nilesh Agrawal (Lawyer) 02 May 2012

Dear you are asking for two different stuffs firstly if there is any specific provision available in the code then high court would not exercise its inherent powers u/s. 482 and would adjudicate the matter as per the specific provision available in the code.

Secondly, if there is no any specific provision available in the code and if appeal or revision/ review could not be maintainable then, high court will surely exercise his power under section 482 of the code.
you don't have to go to SC in SLP you can approach HC in 482.

PT (NA) 03 May 2012

Dear Nilesh,

Thanks for your note/ response.

Q1 relates to a transfer petition filed in the High Court under section 407 Crpc to transfer a criminal case from one town to another within the same state. Now the honble HC judge ruled/ gave orders to transfer under section 482 AND NOT THE SECTION UNDER WHICH THE PETITION WAS MADE. Therefore is it Ok for the HC to rule under a different section

Now as far as question Q2 is concerned, I checked with the HC regitry and they confirmed appeal / revision/ review in a criminal OP is not possible and this transfer appeal can be made in SC only. Now since there is no question of law involved here as the honble judge exercised powers under 482 Crpc, will the SC hear me favorably based only on new facts have come to light (Apex Court Judgements refusing transfer of criminal cases at advanced stage of trial)

tks gain