Section 482 Crpc Supreme Court Judgments On High Courts Power 2021 Supreme court's ruling sheds light on section 482 crpc and its inherent jurisdiction, clarifying its application in quashing criminal proceedings. Supreme court judgments on quashing fir under section 482 crpc, inherent powers of high courts, legal principles, and conditions for striking down firs.
Supreme Court Ruling On Section 482 Crpc Inherent Jurisdiction The court ruled that inherent powers under section 482 crpc cannot be invoked to circumvent this statutory prohibition, except in two exceptional circumstances: (1) violation of natural justice principles, or (2) abuse of process affecting jurisdiction – neither of which applied in the present case. Negating this contention, the hon’ble supreme court held that while the high courts ought not to routinely exercise inherent powers when there is an alternate remedy, the mere availability of an alternate remedy is not an absolute bar for exercising inherent jurisdiction. The supreme court of india, in the case of shaurabh kumar tripathi vs vidhi rawal, has clarified the scope of the high court's inherent jurisdiction under section 482 of the criminal procedure code (crpc) concerning proceedings initiated under the protection of women from domestic violence act, 2005 (dv act). In a significant development for criminal procedures in india, the supreme court has made a clear ruling about the limits of the high courts’ power under section 482 of the code of criminal procedure, 1973 (crpc).
Supreme Court Ruling On Section 482 Crpc Inherent Jurisdiction The supreme court of india, in the case of shaurabh kumar tripathi vs vidhi rawal, has clarified the scope of the high court's inherent jurisdiction under section 482 of the criminal procedure code (crpc) concerning proceedings initiated under the protection of women from domestic violence act, 2005 (dv act). In a significant development for criminal procedures in india, the supreme court has made a clear ruling about the limits of the high courts’ power under section 482 of the code of criminal procedure, 1973 (crpc). The supreme court rules that inherent powers under section 482 crpc cannot override the statutory bar under section 362, setting aside the punjab & haryana hc's order reviving a quashed fir. read the judgment clarifying limits of judicial review in criminal proceedings. Supreme court ruled that high courts can exercise inherent jurisdiction under section 482 crpc to quash proceedings under section 12 dv act, 2005, pending before a magistrate. The supreme court held that high courts cannot grant ‘no arrest’ protection or set investigation timelines when refusing to quash an fir under section 482 crpc, reinforcing the limits of inherent jurisdiction and preserving statutory safeguards. On appeal, the supreme court set aside the high court’s order, holding that the high court impermissibly undertook a “mini trial” by weighing credibility and drawing inferences of mala fides at the threshold, contrary to settled principles governing quashing.
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