Dj Max 09 April 2022

CPC 151 to 125crpc

Can cpc 151 used in 125 crpc. if yes then under which section.

or in which section of Crpc recall petition can be used?

Reply Follow

Quick Summary

This discussion clarifies the applicability of Section 151 of the Code of Civil Procedure (CPC) within proceedings under Section 125 of the Code of Criminal Procedure (CrPC). It is established that Section 151 CPC is not directly applicable to CrPC 125 proceedings, as they fall under different legal codes. However, the inherent power discussed in Section 151 CPC is comparable to the High Court's power under Section 482 CrPC, which can be invoked for similar relief.

2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 09 April 2022

Hello,

Your query lacks clarity.

As per me, CPC 151 is not applicable to 125 crpc. proceedings.

Shubham Bhardwaj (Advocate) 09 April 2022

Dear Sir,

I agree with Sh Pawar. Section 125 relates to Code of Criminal procedure where as Section 151 relates to Code of Civil procedure. Both are applicable on different category of cases.

But the nature of power covered in Section 151 CPC is similar to power of High Court in Section 482 Cr PC. Both are inherent powers. Therefore, if your cause relates to exercising inherent jurisdiction, then use Section 482 Cr PC before the Hon'ble High Court depending upon the relief you are seeking.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, Chandigarh.

Disclaimer:- Opinion is only for guidance.