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Sandeep (firm)     30 May 2012

Difference between art 226 of constitution & 482 cr pr.

Dear all,



I want to know the basic difference between Art 226 of Constitution of India and Art 482 of COde of Criminal Procedures for quashing FIR related to a false Corruption related case.

 

Sandeep



Learning

 1 Replies

Saurabh..V (Law Consultant)     30 May 2012

@Author

 

First you should know what is Art.226 of COI and S.482CrPC:

 

 

Article 226 in The Constitution Of India 1949
226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32
 

he Code of Criminal Procedure, 1973 (CrPc)

 

 

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 this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

 

Now as we have gone through the relevant provisions, it is very clear that Art. 226 empower High-Court to issue directions for safeguarding fundamental rights of any person where as S.482CrPC is invoked to issue directions or orders to meet ends of justice in any particular case.

 

//peace

/Saurabh..V

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