Table of Contents
What IPC 482?
Section 482 in The Indian Penal Code. 482. Punishment for using a false property mark. —Whoever uses 1[***] any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]
What are the real powers of the High Court under section 482 CrPC?
“ In the result we hold that while exercising inherent jurisdiction under Section 482, the High Court has the power to pass “such orders” (not inconsistent with any provision of the Code) including the order for costs in appropriate cases – to give effect to any order passed under the Code, or to prevent the abuse of …
Can FIR be quashed during trial?
So, If a false FIR has been lodged against a person then under section 482 of CrPC, the person can approach The High Court by filing an application for the quashing of the false FIR and The High Court, if convinced that the FIR has been falsely implicated, can use its Inherent power under Section 482 Crpc to quash the …
What is inherent power of high court?
The inherent power of the High Court is an inalienable attribute of the position it holds with respect to the courts subordinate to it. They are necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice.
What IPC 182?
Section 182 in The Indian Penal Code. (a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z.
What IPC 211?
—Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with …
What are the grounds for anticipatory bail?
Section 438(1) lays down “when any person having a reason to believe that he may get arrested for a non-bailable offence then he can apply for anticipatory bail to the High Court or the Court of session and it is at the discretion of the Court that whether they want to give the bail or not”.
When can section 482 CrPC be invoked?
Answering the question in negative, the Bench stated that the remedy under Section 482 CrPC can be invoked into service only in the following circumstances: to pass orders in order to give effect to an order passed under CrPC. to prevent abuse of process of Court. to secure the ends of justice: and.
Can FIR be Cancelled by police?
FIR can be canceled by the Police/Investigating officer at the first instance after finding during the investigations that there is lack of evidence or case is not proved, and then file a closure report.
What are the 3 inherent powers of government?
These three powers—of eminent domain, police, and taxation—were acknowledged as legitimate attributes of government by natural law theorists, and they are today the principal means by which American govern- ments regulate and control property.
What IPC 174?
IPC 174 Offence: Not obeying a legal order to attend at a certain place in person or by agent, or departing therefrom without authority.
What does SEC 482 Cr.P.C mean?
SEC 482 CR.P.C READS AS FOLLOWS: “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.”
What was the Supreme Court decision on Section 482 of CrPC?
The State of Madhya Pradesh &Anr that An application for review or modification could not have been entertained. the Supreme Court of India held that the issue of compounding of non-compoundable offences by a high court in the exercise of its inherent power under Section 482 of the Code of Criminal Procedure (CrPC) in a catena of decisions.
What are the powers of the High Court under Section 482?
The jurisdiction under section 482 is discretionary, therefore, the high court may refuse to exercise the discretion if a party has not approached it with clean hands. WHAT ARE THE REAL POWERS OF THE HIGH COURT U/S 482 CR.P.C.?
Is there a free trial for Section 482?
Free for one month and pay only if you like it. 482. Saving of inherent powers of High Court.